138 Sunita Jha

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AMIT SAGAR

ADVOCATE
CHAMBER NO. 214-A, BLOCK-E, KARKARDOOMA COURTS,
DELHI- 110032.
CONTACT- 9999923530

THROUGH SPEED POST/COURIER

LEGAL NOTICE

DATE: 11.07.2019

To,

Smt. Sunita Jha


Proprietor/Authorised Signatory of:
Shri Radha Enterprises
236, Anaj Mandi Chowk,
Delhi- 110032

Ma’am,
From and under the instruction on behalf of my client Big Tech Traders
through its proprietor Mr. Ratan Sharma, 25-A/68, Street no. 13, Bhola Nath
Nagar, Shahdara, Delhi- 110032, I do hereby serve upon you the following
legal notice:

1. That my client is a Proprietorship Firm under the name and style of Big
Tech Traders and is in to the business of selling Kitchen and Home
appliances and whereas you the above addressee is a
Proprietor/Authorised Signatory of Shri Radha Enterprises dealing with my
client by purchasing good from my client since January 2019.

2. That you the addressee used to purchase the goods from my client on
credit facilities for which my client used to raise the bills on various
AMIT SAGAR
ADVOCATE
CHAMBER NO. 214-A, BLOCK-E, KARKARDOOMA COURTS,
DELHI- 110032.
CONTACT- 9999923530

Occasions and in lieu of to discharge your liability towards those bills, you
the above addressee sometimes used to issue the cheques to my client or
clear those bills by cash sometimes.

3. That as per your ledger account maintained by my client, your total


outstanding amount due was Rs. 55,000/- (Rupees Fifty Five Thousand
Only) and when my client requested you to clear the said due outstanding
amount, you the above addressee issued two cheques of Rs. 26,500/-
each, one cheque bearing cheque no. 268087 dated 29.06.2019
and other cheque bearing cheque no. 268086 dated 02.07.2019
both drawn on Bank of Maharashtra, Vivek Vihar Phase I, Delhi
Branch and assured my client that upon its presentation the said cheques
will be honoured and to pay the balance amount of Rs. 2000/- in cash to
my client.

4. To the utter surprise and shock to my client, when my client presented


one cheque bearing no. 268087 for its encashment on 29.06.2019, the
same was dishonoured and returned unpaid vide returning memo dated
01.07.2019 with the remarks “FUNDS INSUFFICIENT” and when my
client presented the other cheque bearing cheque no. 26806 for its
encashment on 02.07.2019 the same was also dishonoured and returned
unpaid vide returning memo dated 03.07.2019 with remarks “FUNDS
INSUFFICIENT”.
AMIT SAGAR
ADVOCATE
CHAMBER NO. 214-A, BLOCK-E, KARKARDOOMA COURTS,
DELHI- 110032.
CONTACT- 9999923530

5. That you the addressee above-named had guaranteed due encashment of


the aforesaid cheques and assured my client that the same would be
honoured upon presentation. Further that you the addressee have
deliberately induced my client and intentionally and deliberately did not
make the payment in respect of the same with the intent to deceive my
client.

6. In such circumstances, my client is left with no other alternative except to


take stern legal action against you the addressee at own risks and costs,
however, prior to approaching the court of law, we hereby call upon you,
the addressee vide this legal notice by invoking the provisions of Chapter
XVII of the Negotiable Instruments Act, 1881 (as amended up to date) to
pay a sum of Rs. 53,000/- (Rupees Fifty Three Thousand Only) to my
client within a period of fifteen days from the date of receipt of the
present legal notice.

7. For the reasons stated hereinabove, We are instructed to call upon you,
which we hereby do, to forthwith pay a sum of Rs. 53,000/- (Rupees Fifty
Three Thousand Only) within the period of 15 days of the receipt of this
notice, which has fallen due on you, which payment should be made by
means of banker’s cheque / demand draft within the period aforesaid,
failing which, take note that my client shall without any further reference
AMIT SAGAR
ADVOCATE
CHAMBER NO. 214-A, BLOCK-E, KARKARDOOMA COURTS,
DELHI- 110032.
CONTACT- 9999923530

or intimation to you will take such steps in the matter including invoking
the provisions of Chapter XVII of the Negotiable Instruments Act, 1881 as
amended up-to-date, in which event, my said client also holds you
responsible and liable for all the consequences of such actions as may be
adopted by my said client, the risk of which you may please note.

8. Take note that this legal notice is without prejudice to my client’s rights
and contentions to take stern legal action against you the addressees
contemporaneously for recovery of my client’s rightful recoverable amount
against you the addressees and also without prejudice to my client’s rights
to approach local police station (of my client’s jurisdiction) / concerned
Criminal Court to take suitable legal action against you the addressees for
your act (s) of inducement, breach of trust, cheating, dishonestly
inducing my client etc. as mentioned above.

9. That it may also be stated that this notice is without prejudice to all
other rights, entitlements and claims of my client. Needless to say
that failure to comply with the requisitions contained in the present legal
notice, we have definite instructions to initiate the criminal proceedings
against you the addressee, which may in turn result in your imprisonment
under the relevant provisions of the Negotiable Instruments Act, 1881, as
amended up to date.
AMIT SAGAR
ADVOCATE
CHAMBER NO. 214-A, BLOCK-E, KARKARDOOMA COURTS,
DELHI- 110032.
CONTACT- 9999923530

10. Needless to say, that in case my client have to approach the court of law
including the filing of the civil and criminal actions, the same shall be done
solely at your risk, costs and consequences.

11. I further call upon you to pay a sum of Rs. 5500/- (Rupees Fifty Five
Hundred Only) towards the cost and expenses of this legal notice.

Take notice accordingly.

AMIT SAGAR
ADVOCATE
CHAMBER NO. E-214A, Block-E, Karkardooma Court,
DELHI-110032.
TEL: 9999923530

Note: A copy of the present legal notice has been retained in my office for future reference.

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