Notice - 29.05.2023 - Section 138

Dated: 02.06.
2023
To,
Samridhi Industries,
Having its office at:
116/4A, Rawatpur Gaon,
Near Ramlala School,
Kanpur Nagar – 208011 … Addressee No.1
Nisha Tripathi
Having her office at:
116/4A, Rawatpur Gaon,
Near Ramlala School,
Kanpur Nagar – 208011 … Addressee No.2
SUBJECT: DISHONOUR OF CHEQUE BEARING N0. 000091 DATED

30.04.2023, FOR AN AMOUNT OF RS. 2,00,000.00/- (RUPEES TWO
LAKHS ONLY), AND CHEQUE BEARING N0. 000092 DATED 15.04.2023,
FOR RS. 2,00,000.00/- (RUPEES TWO LAKHS ONLY), DRAWN AT KOTAK
MAHINDRA BANK.
Sir / Ma’am (s),
I / We upon instructions by and on behalf of our client, Laxmi Mangal

Products, through its proprietor, Mr. Sanjay Pandey, having its address at
128/206, H-2 Block, Kidwai Nagar, Kanpur - 208011, do hereby serve upon
you, the Addressees, the following notice under Section 138 of the Negotiable
Instruments Act, 1881:
1. That you, the above-named Addressee No. 1, is a Proprietorship Concern
and the above-named Addressee No. 2 is the Authorized Signatory and
Partner of the Addressee No. 1, having its office at aforementioned address
and are thus jointly and severally, responsible for the day-to-day
functions of the Addressee No.1.
2. That, you the above-named Addressee No. 1, through Addressee No. 2,

approached our client to purchase agarbatti from our client, on credit
basis and assured to make the payments of the same within reasonable
time. Believing your representations to be true and correct our client gave
you the products required by yourself since it is the normal course of
practice.
3. That after receiving the agarbatti, you seemed satisfied with the same and
after a while our client requested you to clear your dues, you the above-
named addressees repeatedly assured that you will make payments on
time. That you the above-named addressees made part payment to our
client and further ordered some more products from our client on the
same understanding.
4. That you, the above-named addressees, made several orders and received
products and you, the addressees, in return issued cheques to our Client
assuring that the same shall be honoured upon presentation. However to
the utter shock of our Client, the aforementioned cheques were
dishonoured upon presentation and the total dues were not cleared
despite repeated requests and reminders.
5. That our client made several requests to you, the above-named addressees
to clear the entire outstanding dues on several occasions however every
time you insisted that you have a bonafide intention to clear the dues
which shall be cleared soon.
6. That despite repeated assurances, you the above-named addressees did
not make any payment, and have always gained time on one pretext or
another by giving false promises and assurances that the payment shall
be made soon.
7. That despite the above-mentioned conduct, believing your representations

to be true and correct, our client continued to supply agarbatti and raised
invoices as agreed, but you the above-named addressees, failed to clear
the dues of our client till date.
8. That although this is an ongoing transaction, you have only made

payment of Rs. 50,000.00/- out of a total amount of Rs. 4,80,912.00/- as
per the records maintained by our client in the normal course of business
9. That you the above-named addressees subsequently issued two cheques;

Cheque bearing No. 000091 dated 30.04.2023, for an amount of Rs.
2,00,000.00 (Rupees Two Lakhs Only), and Cheque bearing No. 000092
dated 15.04.2023, for Rs. 2,00,000.00 (Rupees Two Lakhs Only), drawn at
Kotak Mahindra Bank, towards payment of due amount.
10.That, on your assurances, our client presented the aforementioned

Cheque with his bank, UCO Bank, Kidwai Nagar, Kanpur. That, to the
utter shock and surprise of our client, the aforementioned Cheques issued
by you, the above-named addressees, were returned by the Bank with
Return Memos dated 18.05.2023 stating “FUNDS INSUFFICIENT”.
11.In view of the above-mentioned facts and circumstances, under the

instructions of and on behalf of our Client, I hereby call upon you, the
above-named Addressees, to pay a sum of Rs. 4,00,000.00 (RUPEES
FOUR LAKHS ONLY) along with interest @ 18% per annum for delayed
payment till realization, and further pay a sum of Rs. 5,000.00 (Rupees
Five Thousand Only) as the cost of this notice, immediately within a
period of 15 days from the date of the receipt of this Notice towards the
non-payment of the due amount.
12.Take further notice that in case the above stated payment, along with
interest up-to-date, is not made within 15 days from the date of receipt of
this notice, then our Client shall be constrained to file a complaint against
you under Section 138 and 141 of the Negotiable Instruments Act, 1881
(as amended), Section 406 and 420 of the Indian Penal Code, 1860, and
further pursue all or any available legal remedy in the competent court of
law in the nature of criminal and/or civil proceedings, and the same shall
be at your risk, cost and consequences. Our Client, however, reserves its
rights, for the amount of balance outstanding, against the Addressees, by
way of appropriate legal proceedings, as and when advised to do so. No
further intimation may be expected in this regard.
13.That it is sincerely hoped that considering the lengthy business

relationship between the parties, better sense would prevail upon the
Addressees and the matter would be resolved amicably without any
avoidable unpleasantness.
14.That a copy of this notice has been retained in our office for further
reference/ record and legal action.
Yours sincerely,
SATENDRA AWASTHI
(Advocate)

Notice - 29.05.2023 - Section 138

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Dated: 02.06.

SUBJECT: DISHONOUR OF CHEQUE BEARING N0. 000091 DATED

Sir / Ma’am (s),

I / We upon instructions by and on behalf of our client, Laxmi Mangal

2. That, you the above-named Addressee No. 1, through Addressee No. 2,

7. That despite the above-mentioned conduct, believing your representations

8. That although this is an ongoing transaction, you have only made

9. That you the above-named addressees subsequently issued two cheques;

10.That, on your assurances, our client presented the aforementioned

11.In view of the above-mentioned facts and circumstances, under the

13.That it is sincerely hoped that considering the lengthy business

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