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Legal Notice 138 Furniture Services (June Month) - Converted Syed Kamran Ali, Advocate

The document is a legal notice regarding a dishonored cheque. It details an agreement between two parties, a cheque for Rs. 65,000 that was dishonored, and demands payment within 15 days or a criminal complaint will be filed.

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Syed Kamran Ali
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0% found this document useful (0 votes)
120 views6 pages

Legal Notice 138 Furniture Services (June Month) - Converted Syed Kamran Ali, Advocate

The document is a legal notice regarding a dishonored cheque. It details an agreement between two parties, a cheque for Rs. 65,000 that was dishonored, and demands payment within 15 days or a criminal complaint will be filed.

Uploaded by

Syed Kamran Ali
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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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)

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