Drafting and Pleading- Notice u/s 138 of Negotiable Instrument Act, 1881

To,

Mr Sujay Mallya

Software Engineer,

Goggle Co, Civil Lines,

Prayagraj, 454545

Dear Sir,

Under the instruction of my clients, M/S Bafna Motors, distributor of Tata Motors  having it’s car showroom in Sadar Bazaar, Inorbit Mall, Prayagraj, I do hereby call upon you to serve this notice to you which read as under:

1)    That my client is car dealer dealing in Taata motors car at above address

2)    My client submits that you purchased a Tata Tiago XZ car partly by payment and partly by credit.

3)    My client stated that on 15^th July 2019, you approached for Tata Tiago XZ car, for which consideration of amount 650000 Rs was payable

4)    My client stated that possession of car is given on 15^th July.  Title transfer was done on 15^th July as per invoice number 23/231, duplicate copies of which are signed by you.

5)    My client stated that you paid 400000 Rs by Cash, and post dated cheque of 250000 Rs bearing cheque number 123465 of dated 30^th July 2019.

6)    That my client on 1^st August 2019 deposited the said cheque in Allahabad Bank account in Bank, Sadar Road Branch. The manager of the said bank intimated in writing to my client by its memo on 4^th August 2019 that the said cheque is dishonoured for want of sufficient fund in your account

7)    That my client thereafter contacted you on phone to arrange for the amount due to you by him and you promised to pay the same within two days. You have sent message in this regard on whatsapp.

8)    My client thereafter waited for next two days but you have failed to arrange the payment of cheque amount to my client.

9)    My Client states that you have committed an offence u/s 138 of Negotiable Instrument Act of dishonour of cheque hence, I am issuing this demand notice to you on behalf of my client.

10)  You are therefore instructed to make payment of Rs 250000 for the car you are in possession of within 15 days of receipt of this notice, failing which my client shall be constrained to take necessary legal action against you and for the cost and consequences of the same you alone will be liable

The charges of this Rs 5000 is put upon you, which you please note.

Prayagraj                                                                                                                 SD/-

Dated: 01-Oct-2019                                                                                        [Jolly LLB]

                                                                                                                         ADVOCATE