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    Legal Notice For Recovery of Money

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    CDRS

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    Legal Notice For Recovery of Money

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    CDRS
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    Legal Notice for Recovery of Money

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    10 views3 pages

    Legal Notice For Recovery of Money

    Uploaded by

    CDRS

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    © All Rights Reserved
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    Legal Notice for Recovery of Money

    Jitesh Kumar, Advocate


    Civil Court, Motihari

    East champaran, Bihar-845401

    Email: jitesh.kr121@gmail.com Date: 13/06/2024


    Phone: 07979858954

    To,

    (1)Birbal Kumar s/o – Babu lal sah

    Chhota mathiya, ward no 7, p.o- motihari

    p.s- chhatauni, East champaran

    (2) Babulal sah s/o –

    Chhota mathiya, ward no. 7 , p.o – motihari

    p.s- chhatauni, East champaran

    Subject: Legal Notice for Recovery of Money on behalf of Tunna Kumar

    Dear Birbal Kumar,

    Under instructions and authority from my client, Tunna Kumar, son of Govind sah,
    resident of Chhota Mathiya, Ward No. 7, I hereby serve you this legal notice as follows:

    1. Facts of the Case:


    My client, Tuna Kumar, has maintained a reputable standing in the society and
    conducts his business with integrity, fostering good relations. You, Birbal Kumar,
    approached my client upon learning of his savings and requested financial
    assistance. On account of his trust in you, my client provided you with ₹90,000 in
    cash in September 2023. Subsequently, in November 2023, you requested an
    additional ₹80,000 to start a new business, with a promise to repay both
    amounts within four months.

    A total sum of ₹1,70,000 was thus advanced to you. However, after receiving the
    money, your behavior towards my client changed. Despite the completion of the
    four-month period, you have failed to repay the amount, instead giving repeated
    excuses and false promises, which indicate a lack of intent to return the money.

    2. Breach of Agreement:
    1. Upon the completion of the agreed four-month period, my client approached you
    for repayment.
    2. You have since repeatedly postponed the repayment, giving various excuses,
    clearly indicating an unwillingness to return the borrowed money.
    3. This repeated deferment of repayment demonstrates your mala fide intention and
    constitutes a breach of trust and contract.

    3. Legal Provisions Applicable:

    1. Breach of Contract (Indian Contract Act, 1872): Your failure to repay the
    borrowed amount constitutes a breach of contract under Section 73 of the Indian
    Contract Act, 1872, making you liable to compensate my client for the loss or
    damage caused by this breach.
    2. Cheating (Section 420 of the Indian Penal Code, 1860): Your actions amount
    to cheating, as you dishonestly induced my client to deliver the money with no
    intention of returning it, punishable under Section 420 of the IPC.
    3. Criminal Breach of Trust (Section 406 of the Indian Penal Code, 1860): Your
    conduct also falls under criminal breach of trust as per Section 406 of the IPC,
    due to the dishonest misappropriation of the amount entrusted to you.

    4. Demand:

    1. In light of the above facts, you are hereby called upon to repay the total amount of
    ₹1,70,000 (Rupees One Lakh Seventy Thousand Only) to my client within 15
    days from the date of receipt of this notice.
    2. The payment should be made through a cash or bank transfer.

    5. Consequences of Non-Compliance:

    1. If you fail to comply with this notice and do not repay the aforementioned amount
    within the stipulated period, my client will be constrained to initiate appropriate
    legal proceedings against you, including but not limited to filing a civil suit for
    recovery of the amount along with interest and costs.
    2. My client also reserves the right to initiate criminal proceedings against you
    under Sections 406 and 420 of the Indian Penal Code for cheating and criminal
    breach of trust.

    This notice is issued to you without prejudice to any other rights and remedies available
    to my client under the law, all of which are hereby expressly reserved.

    I hope you will take this notice seriously and fulfil your obligation to repay the amount to
    avoid any further legal complications.

    Yours sincerely,

    Jitesh Kumar, Advocate


    Civil Court, Motihari
    On behalf of Mr. Tuna Kumar
    Resident of Chhota Mathiya, Ward No. 7.

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