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HARESH MAKWANA O. S. No.: 14637


B.Com., LL.B. Roll No. MAH 5900/14
ADVOCATE HIGH COURT Mobile : 9833 675016
E-Mail : makwanahareshk@gmail.com : 9869937995

13, PLATINUM MALL, OPP. GHATKOPAR RLY. STATION, GHATKOPAR EAST, MUMBAI 400 077

Date: 01/08/2019

To,
Mrs. Tejal Laxmandas
29/03, Snehkunj Society,
Isanpur Gaam,
Ahemdabad- 382443

Sub - NOTICE U/S. 138 OF NEGOTIABLE INSTRUMENTS


ACT, 1881 FOR THE DISHONORED OF CHEQUE.

I am concerned for my client Mr. Mahesh Vasant

Katarmal, Proprietor, Adarsh Logistics, a Clearing and

Forwarding Agency having their registered office address at Flat

No.11, 4th floor, Devashish Building, Govind Nagar, Gate No.3,

Himalaya Society, Near Ghatkopar Homeguard, Mumbai-

400084 and under instructions from him I have to address you

as under.

1. That my client is a reputed and law binding citizen in the

society and his proprietor / partner of

_______________________ and carrying business of

______________________. You having cordial relationship

with my client including with his family my client and

you well known each other.

2. That in the month _____ of ____ you had approached and

requested to my clients loan for your business purpose.

My clients well knowing you since long therefore my


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client agreed to provide business loan of sum of Rs.

15,00,000/- because you had urgent needed for your

visa business and hence you required this amount for

business purpose which you promised to pay as soon as

possible to you.

3. My client says and submits that you and my client

having cordial relationship and since long you and my

client knowing each other that’s the reason my client

have trust on you and he provided business loan in your

bad time. You had pleaded to my client orally many times

for business loan and you required very badly after your

pleading and obliged to my client for sum of Rs.

15,00,000/- and ensure that the said amount you pay to

my client within 3 months or as soon as possible before.

4. My client says and submit that you agreed to retuned the

said amount which you took as business loan from my

clients and he trust on you and ready to pay at your bad

time and you ensure my clients you will returned said

amount as soon as possible. You assured my client you

will get big amount from your some business party and

they will provide you very soon and also assured your

business turnover is not less than in lakhs so that said

amount in returned is not big for you at time of retuned

to my client.

a. My client says and submit that therefore he agreed

provide business loan for your visa business.


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b. My client says and submits that after passing the three

months you’re not receiving my client calls and not any

longer communication has been done between you and

my client.

5. My client says and submit that after long terms has

passed whenever you received my clients call you always

assured him I will returned your said business loan. After

long time had been passed behind you for returned said

business loan amount. Many times my client had called

you for said loan amount. My client further submits that

you had agreed to make the payment of Rs.10, 00,000/-

(RUPEES TEN LAKHS ONLY) vide a postdated Cheque.

a. My client says and submits that, the cheque which

was given by Mrs. Tejal Laxman said to be dishonored.

b. That the alleged issued Cheque to my client towards

the discharge of your above stated legally enforceable

liability towards the Cheque. The details of the cheque

Sr. Cheque Cheque


Drawn on Amount
No Date No.
1 04/06/2019 000010 HDFC Bank Rs. 10,00,000/-
are as under-

c. That after receiving the above stated cheque from

alleged, my client deposited the same for realization of

the payment with his bank namely "HDFC Bank" in

clearing Branch, Mumbai. However, the said Cheque

have returned from the bank vide Bank memos’ dated


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28/06/2019 stating "INSUFFICIENT FUNDS". You

had categorically stated that the Cheque will be

cleared.

d. My Client says and submits that thereafter, inspite of

many telephonic reminders to alleged failed to make

the payment that the amount is Rs. 10,00,000/-

(Rupees Ten Lakhs only).

e. That the above state cheque was issued by alleged

towards discharge of his legally enforceable liability

arisen out of the above stated cheque.

f. By dishonoring the above cheque you have committed

the offence U/s. 138 of Negotiable Instruments Act,

1881.

g. That the my clients account of the above facts, you are

liable to be prosecuted under section 138 of the

Negotiable Instrument Act, 1881 as amended up

to date under, you are liable to be punished with

imprisonment which may extend to two year or with

fine which may extend to twice the amount of cheque

or with both.

h. In the aforesaid facts I hereby call upon you my client

had given ample time to return said loan sum of

Rs.10, 00,000/- (Rupees Ten Lakhs only).

6. I further submit that within 15 days from receipt of this notice

fulfill all legal obligation on you for the said business loan
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amount my client reserved his rights to take initiate action

against you.

7. Including u/s 138 of Negotiable Instruments Act 1881, and

Criminal Breach of Trust under Indian penal code, for which

you can be sentenced for imprisonment and monetary penalty

which may both.

8. Hope that better counsel would prevail upon you and do the

needful at the earliest in order to obviate any unpleasant

action against you.

____________________________
Draft approved by client

ADV. HARESH MAKWANA

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