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R.B.

VAGHELA
Gujarat high court

Office- Ward- Ward-5/A. Plot No-568.Shop no-3,Opp- New Adipur


police station.
ADIPUR (Kutch) Pin- 370205 .
Email-: [email protected] /[email protected]

9879250052/7999997969

BY REGD. A.D. Date:- / /2023

To,

1.Sadhu Vaswani International School


(Shri Kutch District Samaj Kalyan Mandal)

2.Raju Chandnani
Trustee of Sadhu Vaswani Internaional school

3.Suresh Nehlani

Trustee of Sadhu Vaswani Internaional school

Add:- Plot No. 657,


12/C, Lilashah Nagar
Gandhidham.

Sub:- Notice under section138 and 142 of the Negotiable Instrument and
under section 406 and 420 of the Indian Penal Code to recover the due
amount within 15 days.
Dear Sir,

I the undersigned Ravirajsinh Vaghela (Advocate) Under instructions from and on behalf of

my client JAYANA KIRIT SEVAK, was working in Sadhu Vaswani International School

(Shri Kutch District Samaj Kalyan Mandal) , Indian, adult, residing at: plot no-46,

Tenament-3, Subhash Nagar, Near Hotel Empire, Ward 8/b, Gandhidham-Kachchh, I have

to address you as under.

Contd…..P/2
:2:

1. That my client JAYANA KIRIT SEVAK was working with Sadhu Vaswani

Internatonal School as Assistant Teacher of Secondary and Higher Secondary

Section since 13.5 years and is residing at plot no-46, Tenament-3, Subhash Nagar,

Near Hotel Empire, Ward 8/b, Gandhidham-Kachchh.

2. That you are in education business with the name Sadhu Vaswani International

School (Shri Kutch District Samaj Kalyan Mandal) and my client JAYANA KIRIT

SEVAK was working with you since 13.5 years with joining date as 06/06/2009 and

resignation date as 14/10/2022 and my client was relieved from her job on

15/11/2022..

3. That my client JAYANA KIRIT SEVAK had applied for releasing the gratuity

payment amount against the service tenure with your institute with an application

letter addressing the principal of the School on date 20/12/2022.

4. That my client had been approaching you since her relieving from the job for the

release of gratuity amount but as no response was seen from your end my client had

made a complaint in labour court with case number 16/23 and thus the matter came

on settlement with the settlement amount of Rs. 1,22,140/- (One Lakh Twenty Two

Thousand One Hundred and Forty). For which my client had received a cheque hand

to hand of Rs. 1,22,140/- (One Lakh Twenty Two Thousand One Hundred and Forty).

Of Kotak Bank with cheque number 000211 and dated 30/10/2023.

5. That after receiving the cheque my client had withdrawn the gratuity case from the

labour court with case number 16/23 and for the same submitted a letter related to

the withdrawal of the case with a trust that the amount of Gratuity has been received

in the form of this Cheque.

Contd…..P/3
:3:

6. That after waiting for long time and receiving no response from your side my client

had decided to deposit the cheque of KOTAK MAHINDRA BANK with number

“000211” that has been given by you in her bank AXIS BANK LTD, Gandhidham

Branch with account no. 178010100589574 dated 30/10/2023 of Rs. 1,22,140/- (One

Lakh Twenty Two Thousand One Hundred and Forty).

7. That after depositing the cheque given by you in her bank AXIS BANK LTD,

Gandhidham Branch with account no. 178010100589574 dated 30/10/2023 of Rs.

1,22,140/- (One Lakh Twenty Two Thousand One Hundred and Forty) on date

02/11/2023 as mentioned by you and as mentioned on the cheque provided by you

she came to know from the bank that the cheque has been dishonoured and returned

with reason of return as ‘PAYMENT STOPPED BY THE DRAWER’ on date

03/11/2023 from the account holding bank.

8. That as and when my client learned about the reason of Dishonoured cheque she

immediately tried to contact you for the same and she did not receive any proper

reply in return of her approach.

9. That you had betrayed and cheated my client by not releasing the payment as

mentioned on the cheque by stopping the payment and thus you had committed a

crime under section138 and 142 of the Negotiable Instrument and under section 406

and 420 of the Indian Penal Code.

10. That you have failed and neglected my client for due amount of her gratuity and you

have also failed and neglected to make payment of amount due and outstanding as

mentioned here above, therefore you have been informed that to pay the total

amount of cheque with Rs. 1,22,140/- (One Lakh Twenty Two Thousand One

Hundred and Forty).

Contd…..P/4
:4:

11. That my client have instructed me to call upon you through this legal notice to make

payment of amount due and outstanding Rs. 1,22,140/- (One Lakh Twenty Two

Thousand One Hundred and Forty Only) to my client within 15 days from receipt of

this notice. If delayed in payment and the notice charges being Rs 10,000/-.

Failing to which my client shall be constrained to take suitable legal action against you to

recover the above amount at your sole risk and cost.

---------------------

JAYANA KIRIT SEVAK ------------------------

(R.B.Vaghela)
Advocate for JAYANA KIRIT SEVAK

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