138 Notice

Akhilesh Arora
Chamber
Chamber No. 470, Lawyers Western Wing, Tis Hazari Delhi-110054 Ph. +91-9891738112 Email:
Advocate
D/2075/2007 [email protected]
31.01.2011
To, Shri Deepak Jain, C/o Alien Tours and Travels H-56 A, Laxmi Nagar Delhi 110092 Proprietor/Manager of M/s Tri Deep Chit Fund
Subject:
LEGAL NOTICE
My Client: Sh. R.N. Tiwari R/o House No. 214, Sector-12, R.K. Puram New Delhi-1103 Sir, Under instructions from and on behalf of my client this legal notice is being served on you for your immediate compliance:
1.
That you had launched a chit fund scheme by the name of M/s Tri Deep Chit Fund Scheme registered under the Madras Chit Funds Act, 1961 wherein you had invited memberships by the people to subscribe certain sums of money by way of periodical installments over a period and that each such subscriber shall, be entitled to the prize amount.
2.
That based on the representations made by you, my client subscribed for membership in the alleged Chit Fund scheme and made deposit of certain amount with the same. After sometime, you discontinued with the Chit Fund Scheme and were thus under obligation to refund the money so invested by the people including my client.
3.
The amount to be refunded by you was to the amount of Rs. 36, 249/(Rupees Thirty Six Thousand Two Hundred Forty Nine only). My client kept persuading you to return the amount but you kept delaying the same on one pretext or the other. After much persuasions, in order to discharge your liability of refunding the aforesaid amount, you issued three cheques in the name of my client of the amount of Rs. 12,083/- (Rupees Twelve thousand eighty three only) each. Two of the three cheques issued were presented and honored after much deliberations.
4.
The third cheque dated 10.08.2010 issued by you bearing no. 441680 drawn on Jain Co-operative Bank, Vijay Chowk Branch, Laxmi Nagar, Delhi110092 in favour of my client in order to discharge your liability was presented by my client firstly to his banker at Bank of India, Malai Mandir, R.K. Puram, New Delhi. However, to the shock and surprise of my client the cheque issued by you was returned unpaid on 13.08.2010 by your bank with remarks Funds Insufficient.
5.
That immediately thereafter my client contacted you and informed about the dishonor of cheque. You made apologies to my client about the non-payment of the cheque and stated that you would make the payment of the same in sometime.
6.
That thereafter, in the month of September, 2010 you told my client to present the same cheque again and that the same would be honored. Upon instructions, my client presented the cheque again with its banker at Bank of India, Parliament Street Branch, New Delhi on 17.09.2010. To the utter dismay of my client, the aforesaid cheque was also returned unpaid by your bank with remarks Funds Insufficient.
7.
That my client contacted you again and told you about the dishonor of the cheque yet again. You replied that you were transferring some amount to your account from some other bank and maybe it had not reached as yet, and again represented to my client to wait for some more time and then you would make the payment. My client waited for your response patiently but you kept delaying the matter time on one pretext or the other.
8.
That when my client again contacted you in November, you asked him to present the aforesaid cheque bearing no. 441680 and that it would be honored this time around. However, to the agony of my client the said cheque was presented on 18.11.2010 but was again dishonored with the remarks Funds Insufficient.
9.
That my client thereafter contacted you again and persuaded you to pay the money which you are legally liable to do. You again made an excuse that you are not in town for sometime and that you would contact him once you are back. My client kept trying to contact you but you avoided to respond each time.
10. That my client made several requests to you to return the amount. Finally, in
the first week of January, 2011 when my client contacted you yet again, you told my client that you were preoccupied somewhere so you could not refund the amount. You also stated that in order to discharge the liability of making payment of Rs. 12083/- to my client, you told him to present the cheque once again and that this time it would be honored for certain.
11. That believing on the assurances made by you, my client presented the said
cheque dated 10.08.2010 issued by you bearing no. 441680 drawn on Jain Co-operative Bank, Vijay Chowk Branch, Laxmi Nagar, Delhi-110092, with his banker at Bank of India, Parliament Street Branch, New Delhi on 13.01.2011. However much to the agony of my client, the cheque was again returned dishonored with the remarks funds insufficient vide return memorandum dated 18.01.2011.
12. That my client tried to contact you several times thereafter but you failed to
respond to his calls. It is apparent that you had, right from the inception, dishonest intentions of not making the payment for the same and had made false representations to my client that you would make the payment for the amount invested by my client. You, in furtherance of your dishonest intentions issued cheque to my client knowing fully well that you have insufficient balance in your bank account to pay the amount to my client which you are under legal obligation to do so. Thus, you are liable for offences under Section 415, 420 of Indian Penal Code 1860 and Section 138 of Negotiable Instruments Act 1881.
You are therefore called upon to pay the cheque amount of Rs. 12,083/- (Rupees Twelve Thousand Eighty Three Only) to my client within 15 days of receipt of this notice failing which my client would be constrained to initiate strict legal action against you at your own costs and risks. You are also called upon to pay Rs. 3,500/- towards the cost of this notice. Copy of this notice has been retained for further action. Yours,
(Akhilesh Arora Advocate)

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Akhilesh Arora

(Akhilesh Arora Advocate)

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