138 Ganesh Lal Ajay

Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 3

RAKESH TANWAR

ADVOCATE
DELHI HIGH COURT
Off:- Ch. No. V-32, Tehsil Lane Resi:- 1230, Near Syndicate Bank
Tis Hazari Courts, Delhi-110054 Village Alipur, Delhi-110036
Enrl. No. D-1175/2002 Mobile:- 9891725043
REGD.AD./UPC 16/07/2010

M/S. PREM JEWELLERS


THROUGH ITS PROP/AUTH. SIGNATORY
SH. AJAY JAIN
AT 2213, GURUDWARA ROAD,
KAROL BAGH, DELHI-110005.

ALSO AT:-
B-221, DERAWAL NAGAR,
MODEL TOWN, DELHI-110009

Sir,

Under instructions received from and on behalf


of my client Ganesh Lal Soni at 5057/1, Sant Nagar,
Karol Bagh, New Delhi-110005, I do hereby serve you
with notice of following fact:-

1.That my client is engaged in the business of


manufacturing of jewellery items.

2.That you the abovesaid addressee approached my


client and placed orders for supply of golden
ornaments on different dates and as per your
specifications my client supplied the gold
ornaments of different weights to you and you
the abovesaid addressee after being satisfied
with quality and quantity of gold ornaments, in
due discharge of your liability towards my
client issued one cheque bearing no. 690159
dated 09/01/2010 for Rs. 10,00,000/- drawn on
ING Vysya Bank Ltd. B/o Karol Bagh, Delhi and
at the time of handing over the said cheque
requested him for presenting the said cheques
in March 2010. It was made clear to you by my
client that the original bills will be given to
you after receiving the payment.

3.That after obtaining your consent, my client


presented cheque twice firstly on 25/03/20101
RAKESH TANWAR
ADVOCATE
DELHI HIGH COURT
Off:- Ch. No. V-32, Tehsil Lane Resi:- 1230, Near Syndicate Bank
Tis Hazari Courts, Delhi-110054 Village Alipur, Delhi-110036
Enrl. No. D-1175/2002 Mobile:- 9891725043
and lastly on 22/06/2010 with his banker i.e.
UCO Bank, B/o Karol Bagh, Delhi for clearance
of cheque but to the utter shock and surprise
of my client, the said cheque returned back
dishonoured by your banker with remarks “funds
insufficient” vide Debit Advice dated
22/06/2010 and in turn banker of my client
returned said dishonoured cheques to my client.

4.That the above facts makes it abundantly clear


that you have mischievously and intentionally
issued the aforesaid cheque with ulterior
designs and further instructed my client to
present the same for encashment knowing fully
well that the said cheque would not be honoured
on presentation as you have insufficient funds
in your account from which you have issued the
cheque in due discharge of your liability.
Thus, you have committed an offence which is
punishable U/s 138 of Negotiable Instruments
Act, for which the prescribed punishment is,
with the imprisonment for a term which may
extended to two years or with fine which may
extended to twice of amount of the dishonoured
cheque or with both.

5.That you the abovesaid addressee by way of


abovesaid act gained unlawful profit to your
self and caused unlawful loss to my client,
hence, you are also liable to be prosecuted
under section 420 of Indian Penal Code, 1860
for which the prescribed punishment is with the
imprisonment of either description for a term
which may extend to seven years and shall also
be liable to fine.

6.That you the abovesaid addressee is liable to pay


the cheque amount of Rs. 10,00,000/- which is
legally recoverable from you.
RAKESH TANWAR
ADVOCATE
DELHI HIGH COURT
Off:- Ch. No. V-32, Tehsil Lane Resi:- 1230, Near Syndicate Bank
Tis Hazari Courts, Delhi-110054 Village Alipur, Delhi-110036
Enrl. No. D-1175/2002 Mobile:- 9891725043
I, therefore, through this legal notice call
upon you to pay the amount of dishonoured cheques
of Rs. 10,00,000/- within 15 days from the receipt
of this legal notice, failing which my client shall
have no option but to initiate appropriate
proceedings civil as well as criminal against you
in the court of competent jurisdiction at your own
costs, risks, expenses & consequences, which please
note.

A copy of this notice is also sent to you


through UPC while another copy is kept in my office
for further action and reference.

(RAKESH TANWAR)
ADVOCATE

You might also like