AHTSHAM UL HAQ CHAMBER: -
Mohalla Ramzan Pura
HIGH COURT OF J&K Eidgah, Janipur Colony,
AND LADAKH AT JAMMU Jammu-180007.
Ref. No. Ref. No. MZ/ TZ66 /2024 Dated-
-__ -2024
LEGAL NOTICE
To,
Sheraz Ahmad Kasana
S/o Sadiq Kasana
R/o Khoriwali, Darhal Rajouri J&K.
Sub:-Notice – regarding recovery of money to the tune of Rs. Rs. 2,94,000 with
interest.
Instructed by Parwaiz Ahmad Reshi S/o Ghulam Hassan Reshi
R/o Wachi Shopian J&K, hereinafter referred to as my clients, I am to
serve upon you the following legal notice:-
1. That you induced my client under false pretences, claiming that you
required financial assistance for your sister's marriage. You exploited
my client’s trust and emotional vulnerability by repeatedly assuring
him of your sincerity and familial connection, leading him to provide
you with monetary assistance to the tune of Rs. 2,94,000/-. Sufficient
evidence is available substantiate the assertions.
2. That the total amount extended by my client to you amounts to Rs.
2,94,000, out of which only Rs. 30,000 has been repaid to my client this
far.
3. That all these transactions occurred between the period of 1st October
2022 to 20th March 2023.
4. That you received Rs. 100,000 directly from my client, while the
remaining sum of approximately Rs. 2,00,000 was extracted by you
through deposits made by my client into your personal account,
(screenshots and bank statements available). The same position has
been accepted by you in response to a police complaint filed in Jammu
and written acceptance along with your signatures is available in
which you assured to repay the amount on 20 th of April 2024 in which
you failed misleading not just my client but the police authorities as
well.
5. That despite numerous promises and assurances, you have consistently
failed to honor your commitments, making excuses and evading
payment on over 50 occasions. Moreover, you callously disregarded
my client’s urgent pleas for financial assistance during critical
emergencies, including medical crises involving my client’s family
members.
6. That my client has diligently attempted to communicate through
various means, including numerous phone calls and messages on
WhatsApp, all of which have been documented and saved for
evidentiary purposes which shall be produced whenever required.
7. That Section 415 of the Indian Penal Code, 1860 provides that whoever,
by deliberately deceiving any person, causes the person so deceived to
do anything, intending or knowing that it is likely that it will cause or
harm the person so deceived in body, mind, reputation or property, is
said to “cheat”. Further, as per Section 420, if the person dishonestly
induces the person deceived to deliver any property, the dishonest
person is liable for imprisonment or fine or both.
8. In the instant case, it is apparent that you had an intention to defraud
my client from the beginning. All his assurances were designed to
exploit my client’s emotional vulnerability and trust to induce them to
part with his hard earned money.
9. That my client has to additionally suffer mentally and financially to
recover his hard earned money. Rs. 10,000 has been paid as the fee for
notice and Rs. 10,000 additional expenses have also been incurred my
client which is to be recovered by you.
I through the medium of this notice advise you to return
my clients money by or before 28-04-2024 failing which my client shall
be compelled to approach the appropriate forum, court for the
redressal of his grievance at your risk and costs.
I have charged Rs. 10,000/- as counsel fee.
A copy of this notice is retained in my office chamber for reference and record.
Place – Jammu.
Dated- - -2024
AHTSHAM UL HAQ
High Court of J & K and
Ladakh at Jammu.
Copy to –
Sarpanch concerned for information and necessary action.
