Monday, September 9, 2013

Format Notice under section 138 of Negotiable Instruments Act, 1881


 

RPAD/UPC/Courier

 

<date>

 

To,

 

 

Sub:    Notice u/s 138 of Negotiable Instruments Act, 1881 in respect of cheque bearing No. ________dated <date> for an amount of Rs. <>>>> drawn on  <Bank>.

 

We, <nameofcompany>., having our registered office address at <REGDADRESS> with reference to the captioned subject hereby state and address you as under:

 

1.      <Transaction Information for which the cheque was issued like agreement or purchase or payment of roylaty fees with all the details of the transaction>

2.      That you had issued us a cheque bearing No. <<<<<<< >>>>>dated -------------for an amount of Rs. --------------drawn on Bank ---------------------in favour of us as a payment towards the aforesaid ______________.

3.      That we presented the abovementioned cheque for encashment in our account maintained at ---------------Bank Ltd, ---------. However, we are shocked that aforesaid cheque has been returned unpaid by your bankers with the remarks “FUNDS INSUFFICIENT” in the Bankers Return Memos received by us.

4.      We are constrained to state that the dishonour of the said cheque proves your intention to commit and perpetuate fraud on us and indulge in cheating and criminal misappropriation. Besides, you have committed an offence under the provision of the Negotiable Instruments Act, 1881.

 

 

 

Under the circumstances, we hereby serve upon you this notice under Section 138 of the Negotiable Instrument Act, 1881 as amended up to date, and call upon you to make the payment of Rs. -----------------/- (Rupees --------------------- Only) in lieu of the dishonour cheque within a period of 15 days from the receipt of this notice, failing which our Company shall be compelled to initiate proceedings under the Negotiable Instruments Act,1881, along with any other civil and criminal proceedings permissible under law and you shall be liable for all costs and consequences resulting there from..

 

Pls. note that said cheque along with the return memos of the Bank is presently lying with us for taking appropriate legal proceedings against you.

 

 

Yours faithfully

For -----------------Limited,                                       

 

 

 

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

 

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