Sub : Legal notice under section 138 of Negotiable Instruments Act 1881
Under the instruction from my client Mr. Santhosh, son of Sankara Narayanan, No. 27, Block A1, Old Bank of Baroda Street, Garden Court Apartment, Secretariat Colony, Chennai, Ambattur - 600 053, I do hereby serve upon you the following notice of demand under Section 138 of the Negotiable Instrument Act, 1881:
1. That, you and my client know to each other for the past 10 years and thereby you gained faith and confidence of my client and demanded a sum of Rs. 10,00,000/- on January 2021 stating to meet your urgent family expenses, your mother's medical expenses, your self medical expenses, your career development expenses and promised that you will repay the said amount within 3 years(2024), but my client did not have the said amount, however my client from January 2021 to March 2024 on various dates gave various amount as demanded by you amounting to a total tune of Rs.9,73,000/- (Nine Lakh Seventy Three Thousand Rupees only) by way of cash and through bank transaction out of his hard earned savings.
2. That, in spite of several demands made upon you, you failed to pay the amount borrowed as promised and on my client's demand on return of the amount, you issued a cheque No. 000003, dated 03.10.2024 for Rs. 9,73,000/- (Nine Lakh Seventy Three Thousand Rupees) drawn on Karur Vysya Bank Ltd., Ambattur Branch, Chennai - 600 053 on 04.08.2024 towards payment of the borrowed amount and you assured my client that the said cheque will be honored when it is presented.
3. That, believing your representation as true, and at your instructions, my
client presented the above said cheque no.000003 through his banker namely ICICI Bank, Ambattur branch, Chennai - 600 053, but the above said cheque was returned unpaid by your banker stating “Funds Insufficient” in vide its return memo dated 05.10.2024.
4. That, from the above act, it is obvious that with malafide and dishonest intention, and in order to cheat my client, you had deliberately and intentionally issued the above said cheque knowing well that the cheque was bound to be dishonoured when presented for collection for want of funds in your account.
5. Thus, you have committed an offense under section 138 of Negotiable
Instruments Act, 1881. The default in making payment of the above-said amount to my client is to attain unlawful personal gain, which your acts constitute criminal offence of cheating and criminal breach of trust, which are punishable u/s 316 & 318 of Bhartiya Nyaya Sanhita, 2023.
Therefore, on behalf of my client through this notice, I hereby call upon you to repay him the said sum of Rs. 9,73,000/- (Nine Lakh Seventy Three Thousand Rupees), WITHIN 15 DAYS from the date of receipt of this notice, failing which my client will institute necessary proceedings under the provisions of Section 138 of the Negotiable Instruments Act to punish you for the offence committed by you and you will be liable to pay all cost and consequences thereof.
This notice is issued entirely without prejudice to my client’s right to take
necessary action for the act of cheating committed by you and for recovery of the sums due to him together with interest on the dues till date of realization.
You are also called upon to remit a sum of Rs.10,000/- towards the cost of this notice. A copy of this notice is retained with our office, for legal records and necessary action
