Q: Draft a notice on behalf of an Individual by an Advocate regarding Dishonour of Cheque ?

A Notice on behalf of an Individual by an Advocate regarding Dishonour of Cheque (To be sent within thirty days of the receipt of information from the bank regarding the return of the cheque unpaid) 

REGISTERED AD. / U.P.C.

From .....................................

 ...................................... 

To ...................................... 

.................................... 

Dear Sir, Under instructions and authority from my client Shri ................................................................. R/o....................... I serve upon you the following notice:-

1. That my aforesaid client is dealing in the sale of ........................... goods required for .......................... purpose and you have been purchasing the goods on credit from my client from time to time. 

2. That my client has been maintaining an open and running account in your name in his regular course of business and as per the books of my client, a sum of Rs .................................. is outstanding against you towards the goods Supplied to you from time to time after giving you the credit for the payments to be made by you.

3. That in pursuance of the goods received by you and with a view to clear your liabilities towards my client, you had issued a cheque for Rs ................................................. as full settlement on ............................................ The details of the said cheque are as under: Cheque No ......................... Date ...................... Amount ................. Drawn on ...........

4.  That the said cheque was deposited with the bank by my client for payment on ......................................... However, it is regretted that the said cheque was returned unpaid on .......................... on account of insufficiency of funds in your account. You were duly informed about the same by my client on ........................ 

5. That you apologised to my client for the dishonour of the cheque and at the same time requested him to re-deposit the same in the bank for fresh clearance. In terms of your assurance and instructions, as also relying upon your words, the said cheque was re-deposited again by my client on ......................... However, it is a matter of great regret that the said cheque was dishonoured again on ............................ with the remarks “Refer to drawer”.

6. That the above facts make it abundantly clear that you have mischievously and intentionally issued the aforesaid cheque and further instructed my client to present the same for encashment again, knowing fully well that the said cheque would not be honoured on presentation on account of insufficiency of funds in your account or that it would exceed the amount arranged to be paid from that account. 

7. That on account of the above acts, you are liable to be prosecuted under section 138 of the Negotiable Instruments Act, 1881 under which you are liable to be punished with imprisonment for a term which may extend to two years or with fine, which may extend to twice the amount of the cheque or with both. Under the circumstances, I hereby call upon you to make the payment of Rs .................. along with the incidental charges of Rs ......... incurred on the said cheque on its presentation on two occasions to the bank of 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 take necessary action against you in the competent court of law, and in that event, you shall be liable for all the costs and consequences resulting therefrom.

You are also liable to pay a sum of Rs.................... towards charges for the present notice. 

Copy retained 

 Place:.........................

 Date:......................... 

Yours faithfully 

ADVOCATE