Notice Samreen

Page 1 of 5
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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Page 1 of 5

HARESH MAKWANA O. S. No.: 14637

Sub - NOTICE U/S. 138 OF NEGOTIABLE INSTRUMENTS

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

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

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

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

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

business turnover is not less than in lakhs so that said

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

a. My client says and submit that therefore he agreed

provide business loan for your visa business.

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

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

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

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

2. That in the month _ of you had approached and