TARANPREET SINGH
GAURAV GOSWAMI
ADVOCATES
SPEED POST
26/08/2016
To
Mohd. Rashid alias Rashid Salmani
S/o Mohd. Rais alias Rais Salmani
Resident of:
C-182/5, Gali no.2,
Chauhan Bangar, Near Kalyan Cinema
Delhi-110053
Propreitor of :
M/s Rashid Electricals
Situated at:
C-182/5, Gali no.2,
Chauhan Bangar, Near Kalyan Cinema
Delhi-110053
Also at:
C-182/1F, Gali no.2,
Chauhan Bangar, Near Kalyan Cinema
Delhi-110053
DEMAND NOTICE AS MANDATED UNDER SECTION 138
OF THE NEGOTIABLE INSTRUMENT ACT, 1881
Mr. Rashid,
Under instructions from and on behalf of my Client Mr. Mohd.
Shahid, S/o Mr. Mohd. Idress, resident of B-12A, Gali no. 3
Brahampuri, Delhi-110053, herein after referred to as my Client,
I serve upon you the following notice:-
1. That my Client always had cordial relations with you, the
aforementioned addressee, as well as with other members
of your family on account of you being my Clients cousin
and thereby being a part of my Clients extended family.
Page 1 of 5
Address: 50, DSIDC Wazirpur Industrial Complex, New Delhi- 110052
Contact no’s: 011-45609194, +91-9811849194 Email:
[email protected] TARANPREET SINGH
GAURAV GOSWAMI
ADVOCATES
2. That you the aforementioned Addressee, are running a
shop in name and style of ‘M/s Rashid Electricals’ dealing
mainly in sale and services of electronic goods, and are
responsible for the day to day functioning and conduct of
the its business being its Sole Proprietor.
3. That taking into considering such familial relations as
afore mentioned and further banking upon my clients
benevolent and compassionate nature, you, the
aforementioned Addressee, had approached my Client
requesting a sum of Rs1,48,000/- (Rupees one lac forty
eight thousand only) for few months as you were in dire
need of money to pay off some creditors and thereby to
overcome the said financial crisis.
4. That upon persistent requests by you, the afore mentioned
Addressee, and further upon assurances of returning such
amount immediately after selling one of your property, my
Client advanced you an amount of Rs1,48,000/- (Rupees
one lac forty eight thousand only).
5. That when you, the afore mentioned Addressee, failed to
pay such amount, my Client politely reminded you of your
outstanding liability towards my Client, upon which you
sought some more time to pay off such amount. Further, to
bring out your earnestness in making such payment of the
Page 2 of 5
Address: 50, DSIDC Wazirpur Industrial Complex, New Delhi- 110052
Contact no’s: 011-45609194, +91-9811849194 Email:
[email protected] TARANPREET SINGH
GAURAV GOSWAMI
ADVOCATES
outstanding amount, you, the afore mentioned Addressee,
in partial discharge of such liability, issued a Post Dated
Cheque numbered ‘993858’ in favour of my Client for Rs
1,00,000/-(Rupees one lac only) drawn on ‘Punjab National
Bank, Radhey Puri Branch’ and having its date of maturity
as 11.07.2016.
6. That on 19.08.2016, relying on your false assurances of
the cheque being honoured upon presentment, the said
cheque bearing no. ‘993858’ dated 11.07.2016 for
Rs1,00,000/-(Rupees one lac only) was presented for
encashment by my aforesaid Client. However, to utter
dismay of my Client, he was intimated by the Drawer bank
vide a Return Memo dated 23.08.2016 that the said cheque
was being returned unpaid with the reason for such
dishonour stated as “Funds insufficient”.
7. That since thereafter such dishonor of Cheque, you, the
aforementioned Addressee, have been approached several
times by my Client requesting you to repay the aforesaid
Cheque amount of Rs 1,00,000/-(Rupees one lac only),
however you have abhorrently failed to pay any heed to
such requests.
8. That such conduct on your part brings out the factum
that you have dishonestly and fraudulently induced my
Page 3 of 5
Address: 50, DSIDC Wazirpur Industrial Complex, New Delhi- 110052
Contact no’s: 011-45609194, +91-9811849194 Email:
[email protected] TARANPREET SINGH
GAURAV GOSWAMI
ADVOCATES
Client into advancing to you an amount of 1,48,000/-
(Rupees one lac forty eight thousand only). Further such
conduct also confirms that you had dishonestly issued the
said cheque in favour of my Client knowing very well that it
would not be honoured upon presentation.
9. That as is elucidated by the aforementioned facts, you, the
Addressee have made yourself liable for prosecution inter
alia for the offence of cheating as is defined in and
punishable under section 420 of the Indian Penal Code and
further for an offence defined in and punishable under
section 138 and cognizable under section 142 of the
Negotiable Instruments Act of 1881. Further this is apart
from civil liabilities of payment of the cheque amount
which my Client is entitled to recover from you through a
decree from court of law.
Under the said compelling circumstances, I hereby call upon you
to make good ,the payment of Rs.1,00,000/-(Rupees one lac
only), against the said cheque numbered ‘993858’ drawn on
‘Punjab National Bank, Radhey puri branch’, along with the
incidental charges incurred on its presentation to the bank by
my Client, within a period of 15 days from the date of receipt of
this notice, failing which, I have definite instructions from my
client to initiate criminal proceedings against you inter alia for
an offence punishable under section 138 of the Negotiable
Page 4 of 5
Address: 50, DSIDC Wazirpur Industrial Complex, New Delhi- 110052
Contact no’s: 011-45609194, +91-9811849194 Email:
[email protected] TARANPREET SINGH
GAURAV GOSWAMI
ADVOCATES
Instrument Act,1881, and in that event, you shall be liable for all
the costs and consequences resulting there from.
You are also liable to pay a sum of Rs11,000/- towards the
charges for the present notice.
A Copy of this notice is retained in our office for any future
action, if necessary.
26.08.2016
Delhi TARANPREET SINGH
ADVOCATE
Page 5 of 5
Address: 50, DSIDC Wazirpur Industrial Complex, New Delhi- 110052
Contact no’s: 011-45609194, +91-9811849194 Email:
[email protected]
