Syed Kamran Ali B-18, Swami Nagar,
Advocate New Delhi-110017
Mob: 8650458650
To Dated: 24.06.2020
1.Mr. Pavitra Singh
Sole Proprietor
Jin Kushal Exports,
B-18, Swami Nagar,
New Delhi-110017
2. Mrs Anita Jain
w/o Mr Pavitra Singh
B-18,Soaminagar,
New Delhi-110017
Also at,
A-15, South Extn., Part-II,
New Delhi-110049
Sub:- Demand Notice Under Section 138 of the Negotiable
Instruments Act, 1881 – Cheque bearing No.452879 for a sum of
Rs 65000 dated 01.06.2020, on Standard Chartered Bank, South
Extn-II, New Delhi - Dishonoured on 16.06.2020 due to reason
“Payment Stopped by Drawer”.
Dear Sir,
Under instructions from and on behalf of my client DJ Khera HUF
through Mr.Dharamjit Khera Karta, R/o B-18, Soami Nagar, New
Delhi, I hereby serve you with this notice to the following effects:-
1. That you the Noticee had entered into an agreement for
Services cum Furniture Hire with my above mentioned client,
Syed Kamran Ali B-18, Swami Nagar,
Advocate New Delhi-110017
Mob: 8650458650
which was registered at the office of the Sub-Registrar New Delhi
on 25.03.2019.
2. That vide this Lease Agreement you the Noticee had taken
Services cum furniture on hire on the ground floor situated at B-
18, Swami Nagar, New Delhi for about two years starting from
01.05.2019 to 31.03.2021 at a monthly service charge of Rs
50,000/- Per Month for the first eleven months and Rs 65000/-
per month for the second twelve months plus applicable levies and
taxes excluding common charges from my client.
3. That in order to liquidate a part of liability of debt, incurred
upon you, you got issued/signed the above cheques by your wife
Ms Anita Jain delivered the above cheques, with her consent, in
favour of my client with an assurance that on presentation, the
cheque will be encashed/honoured on presentation to the
bank.Taking the representation as true and correct, my client
accepted the cheques referred to hereinabove.
4. That in accordance with the Banking norms and practice
Cheque bearing No. 452879 dated 01.06.2020 was presented by
my client with his Banker i.e. Axis Bank, Malviya Nagar Branch,
Syed Kamran Ali B-18, Swami Nagar,
Advocate New Delhi-110017
Mob: 8650458650
but the same was returned unpaid along with Bank
Notifications dated 16.06.2020 with remarks ‘‘Payment Stopped
by Drawer”
5. That thereafter efforts were made by my client to contact you,
you remained futile as you deliberately and dishonestly evaded my
client. That the dishonour of cheques due to “Payment Stopped by
Drawer ”” is a criminal offence and is punishable in accordance
with the provisions enshrined in the Negotiable Instruments Act,
1881 (As amended upto date), hence this notice.
6. That in term of clause 10 of the above mentioned Lease
agreement you the Noticee/Lessee had agreed that this lease
agreement will be prematurely terminated and the
applicable security deposit of Rs 2.4 Lacs/Rs 4.0 lacs shall be
forfeited in case of any cheque is dishonoured on presentation to
the Bank.
7. That as per clause 19 of the above mentioned Lease Agreement
you the Noticee/Lessee had already been informed that this Lease
Agreement dated 25.03.2019 had been prematurely terminated on
Syed Kamran Ali B-18, Swami Nagar,
Advocate New Delhi-110017
Mob: 8650458650
28.4.2020 effective from 01.02.2020 due to dishonouring of the
earlier cheque. Thereafter all cheques were dishonoured.
8. That consequent to the pre-mature termination of the lease
agreement you are bound to pay my client a penal renal rent of Rs
15,000 per day effective from 01.02.2020 till the time you vacate
the premises.
9. That the rent Cheque for the month of September, 2019 was
also defaulted/dishonoured on your part in lieu of the September,
2019 monthly Rent for which, Notice was also served upon you by
my Client on dated 17.09.2019.
10. That after a written apology sent by you to my client on dated
30.09.2019, in which you have yourself admitted the
dishonouring of the Cheque for the month of September, 2019
and you repented on your conduct to my client, you have given
undertaking to my client that in future no cheque will be
dishonoured by you for whatever reason and after this as a
noble gesture my client did not initiate any proceedings against
you the Noticee.
Syed Kamran Ali B-18, Swami Nagar,
Advocate New Delhi-110017
Mob: 8650458650
11. That however it is very palpable from your conduct that you
are a habitual defaulter, your intention is not to pay the Monthly
rent to my client.
12. That the manner in which your above said cheque was
dishonoured makes you liable to undergo an imprisonment upto
two years and also fine of an amount double the cheque amount
under section 138 of the Negotiable Instrument Act.
13. That you the Noticee are also liable to undergo an
imprisonment upto seven years and a fine under section 406/420
of the Indian Penal Code for offences of Cheating and Criminal
Breach of Trust.
14. That in view of the above facts and circumstances
mentioned you are hereby called upon to pay the value of the
dishonoured cheque of
Rs 65,000 within 15 days from the date of receipt of this Legal
Notice, failing which my client shall be constrained to file a
criminal complaint under Negotiable Instrument Act at Delhi
Courts at your risk and Cost.
Syed Kamran Ali B-18, Swami Nagar,
Advocate New Delhi-110017
Mob: 8650458650
You are also called upon to pay the sum of Rs5100 which he
has been charged towards the cost of this legal notice.
The Copy of the legal Notice is kept for the purpose of Records.
Be advised accordingly.
Syed Kamran Ali
(Advocate)