Notes and Articles for Law students

User Tools

Site Tools


Legal Notice under section 138 of Negotiable Instruments Act

To M/S JR,
Directorate of Industries, Spencer Building,
2nd Floor, Thiruvananthapuram.

Dated: 14 January 2021

Subject: Legal Notice under Section 138 of Negotiable Instruments Act, 1881.

Dear Sir, Under the instruction and authority from my client “JaphinRaj” , I do hereby serve upon you the following notice of demand under Section 138 of the Negotiable Instrument Act, 1881:

  1. As per the facts, you demanded a loan of Rs. 400000 from my client in the month of June and my client provided you the certain amount.Writing a cheque The cheque no (989571) dated 25th December 2020 for Rs 350000 in Thiruvananthapuram Central (State Bank of India) was issued in order to discharge the liability. At the time when you were issuing the cheque, you answered my client that the cheque will be honored when presented.
  2. But when the cheque was presented for the encashment by my client to his banker, the same was returned unpaid by the banker due to “insufficiency of funds”. The Bank informed us through the return memo dated 7 January 2021 and about this my client informed you through telephone.
  3. In spite of various reminders or by personal visits, you failed to make payment. You tried to avoid the matter and started to ignore my client and hence my client is left with no option but to present you a legal notice.
  4. You have failed to comply with the provisions of the law and also failed to discharge your liability and the same cheque was dishonored intentionally.
  5. You are requested to make payment according to Section 138 of Negotiable Instruments Act , otherwise, charges would be framed against you and further punishment of imprisonment which may extend to 2 years with fine which further extent to twice of the amount of the cheque would be imposed and criminal proceedings would also be initiated against you. Kindly take notice. This is without prejudice to all other legal rights and remedies available to our client for the above stated purpose.

Date: 14th January 2020
Name: Anjana Satheesh,
Satheesh Bhavan TVM.

Navigation: Home»Drafting