Sec.138 Santosh Verma Notice (1).docx
Sec.138 Santosh Verma Notice (1).docx
Sec.138 Santosh Verma Notice (1).docx
From,
Adv. Prakash Yadav
Mob.No. +91-7706954696
Add.:- 6A/537 vrindavan yojna
Telibagh Lucknow,226029
Sub:- Statutory Notice under sec.138 of Negotiable instrument Act 1881, for
Dishonour of Cheque.
Under instructions for and on behalf of my client Mr. Santosh Kumar verma s/o
Dharmaraj verma r/o Village Gopalpur Vikvajitpur Sultanpur 228001 (hereinafter
referred as my client),
I do hereby serve upon you the following notice.
1. That you have executed a construction contract agreement dated 14th June
2023 with my client to complete the remaining construction work of his
house within two months from the date of execution of the said agreement
on payment of sum of Rs. 3,20,000 /-(Three lakh twenty thousand only) by
my client to you on completion of said construction work and you had, in
order to guarantee completion of said work within stipulated time and also to
ensure return of any sum of money paid in excess by my client to you,
issued the security cheque bearing no. “000049” of Bank of Baroda Branch
Lucknow dated 18th August, 2023.
2. As per the agreement the said Cheque was to be presented for encashment in
the event of your failure to fulfill obligation amounting 15 % of the total
cost incurred for the completion of whole construction work which comes to
approx. Rs. 4,30,500/- (Rs. Four lakh thirty thousand five hundred only) and
having been paid in excess to you by my client, you owed liability to return
the same to my client.
3. That since you failed to fulfill the above said arrangement, as per your
instructions and assurance the said cheque dated 18th day of august 2023
was presented on 18th August 2023 through my client’s banker State Bank
of India having branch office at Indo gulf fert.chem. Ltd. for payment but the
same has been returned by your bank with a cheque return memo dated 23th
day of August 2023 with remarks “insufficient funds”. .
5. As the above said cheque issued by you has returned unpaid by your drawee
bank, consequently you are liable to be prosecuted under Section 138 of the
Negotiable Instruments Act, 1881 as amended to date.
Therefore, I on behalf of my above noted client hereby makes a demand upon you
for the payment of the amount of Rs. 4,30,500/- (Rs. Four lakh thirty thousand five
hundred only) within 15 days of the receipt of this notice, failing which you shall
be deemed to have committed an offense and shall be liable for all consequences
under Section 138 of the Act of 1881.
This is a statutory notice under Section 138 of the Act of 1881.
Place :- Lucknow