Mob: 8534900000
8901277777
MAAN SINGH KAKRAN
ADVOCATE
PUNJAB & HARYANA HIGH COURT CHANDIGARH
LAWYER’S CHAMBER NO. 107, GROUND FLOOR, SESSION COURTS, AMBALA
Office Cum-Resi. 5407/4, Cross Road no. 3, Punjabi Mohalla, Ambala Cantt
______________________________________________________________
Regd.A.D. / Speed Post. / Courier. / or through Email ID or Whatsapp messenger.
Dt.__-08-2024
To:
1. M/s Saraswati Construction through its Director/Partner/Proprietor
namely Bhavesh Singh S/O Rakesh Singh (Phone No. ___________)
Address - 799, South Civil Lines, Muzaffaragar, Uttar Pradesh
2. Bhavesh Singh S/O Rakesh Singh, aged about __ years, R/O 799, South
Civil Lines, Muzaffaragar, Uttar Pradesh being the Director/Partner/
Singed authority of M/s Saraswati Construction.
3. Rakesh Singh S/O Karan Singh R/O 799, South Civil Lines,
Muzaffaragar, Uttar Pradesh being the Director/Partner of M/s
Saraswati Construction.
Sub: Legal Notice
Sir,
Under the instructions and authorization of my client Dinesh Kumar Malik
S/O Late Sh. Inder Jit Malik, R/O: #75, C B Primary School, Topkhana
Bazar, Ambala, 133001, I hereby instructed to serve upon you the following
legal notice:-
1. That my client is an electrical contactor of railway, MES etc, by profession
and has been working since last many years. That also due to friendly,
helpful and cooperative behavior, my client holds a very good reputation.
2. That you the addressee no. 2, as per the information provided by you is
working as a civil contractor in Railway and due to this, business relations
were developed between my client and you the addressee in 2023.
3. That you the above said addressee used to visit the office of my client and
you had tried to develop good business relations with him. That you also had
developed good and friendly relations with my client. As my client is a kind
hearted person so he gave much due respect to your friendship.
4. That as per informed by you, you the addressee no. 2 and your father jointly
do business i.e. addressee no. 1. That on April 2024, you the addressee
approached my client and told him that you require some money in order to
submit a tender and for that you urgently require Rs 50,000/- (Fifty thousand
rupees). That my client being a kind hearted person had then given you the
said amount after withdrawing about Rs 40,000/- from his bank on 30-04-
2024 from his bank i.e. Canara Bank and remaining Rs 10,000/- was
available with him in the shape of cash and the same was provided to you.
5. That you the addressee also assured my client that within 7 days you the said
addressee will return each and every rupee of my client. That my client
believed this false assurance provided by you and in his innocence believed
you.
6. That it is pertinent to mention here that you the addressee no. 1 and my
client had even executed a document on letter pad of addressee no. 1, on the
same date i.e. dt 30-04-2024 in which you had clearly acknowledged that an
amount of Rs 50,000/- (Fifty thousand rupees only) was borrowed by you
the addressee no. 2 on behalf of addressee no. 1 on 30-04-2024 for business
purpose of filling some civil tender, you the addressee no. 2 had
acknowledged this amount on the said letter pad and signed the same in the
presence of my client. That also you had assured in that letter that you will
return the said amount of Rs 50,000/- within 7 days.
7. That after the same you had thanked my client and had also assured that you
will return the complete amount in the stipulated time.
8. That to the utmost surprise of my client, your attitude and behavior gradually
changed towards my client completely and that after that you even stopped
responding to the calls and messages of my client.
9. That you the addressee exploited the innocence of my client and that
your act and conduct gave grievous agony of physical, emotional and
mental nature to my client. That then even after many attempts and
requests of my client, all his sincere efforts went in vain. That
eventually you the addresses started to bully my client and gave him
dire threatening of life and property if he ever requests his money
back.
10. __________________That then finally after great efforts, to discharge
your legal liability you the above said addressee had issued a cheque of
HDFC Bank, [Branch: 53/4-A, Bhag Kambal wala, Jansath Road, New
Mandi, Muzaffarnagar (UP)], worth Rs 50,000/- (Fifty thousand rupees
only) vide cheque number 000040 dt 09-05-2024 from your firm’s
account, that was payable to my client and Infront of my client you
apprehended your signature on the said cheque and at that time you
assured that the above said cheque shall be encashed on presentation.
That also you the addressee no. 2 had thanked my client for helping
you in times of need. That my client accepted the said cheque and again
believed you false and fake assurance .
11. That my client before presentation of the cheque no. 000040 took your
due approval of presentation, you the addressee no. 3 had requested my
client not to present the above mentioned cheque as there was a not
ample fund and the addressee no. 3 had to displace some funds for his
personal needs. That my client accepted the request of you the
addressee no. 3 and had not presented the same on its due date. That
you the addressee no. 3 had asked time of about 15 days for arranging
the funds and had assured my client that the said same cheque will be
encashed.
12. That later you the addressee no. 3 had also stopped responding to the
calls and messages of my client and stopped providing any satisfactory
reply to my client.
13. That after many request and much perusal of my client, my client was
going though financial trouble and had begged you the addressee no. 2
to return the money.
14. That both you the addressee no. 2 and 3 and you both had assured my
client that there is no need to worry and that the said cheque is
completely genuine and addressee has ample amount of bank balance.
That my client believed your false and fake assurance given by you and
that my client presented the above said cheque no. 000040 through his
bank i.e. Canara Bank, Mahesh Nagar, Ambala Cantt for encashment.
15. That after many request and much perusal of my client, my client was
going though financial trouble and had begged you the addressee no. 2
to return the money. That then finally after great efforts, in March
2024, you the addressee no. 2 and your husband had agreed to return
the money and when it was calculated it was tallied by you the
addressee, your husband and my client the total amount of Rs 50,000/-
was partially payable by you to my client.
16. That both you the addressee along with your husband had agreed to pay
the said partial amount of Rs 50,000/- to my client before the month of
May 2024 and you had requested that you will arrange the said funds
surety and provided false assurances to my client.
17. That after many attempts and requests you the addressee agreed to pay
back the money of my client and settle the matter. That you the
addressee told my client that you will return the above said complete
amount to my client in the month of May 2024.
18. That my client approached you in the month of May 2024 but you the
above said addressee refused to pay the money back to my client as
promised by you the addressee and even said him that you will return
the money in the month of June 2024.
19. That my client before presentation of the cheque no. 000040 took your
due approval of both you the addressee no. 2 and 3 and you both had
assured my client that there is no need to worry and that the said
cheque is completely genuine and addressee has ample amount of bank
balance. That my client believed your false and fake assurance given by
you and that my client presented the above said cheque no. 000040
through his bank i.e. Canara Bank, Mahesh Nagar, Ambala Cantt for
encashment.
20. That when my client presented the cheque no. 000040 on dt 09-05-2024
that was worth of Rs 50,000/- (nine lakh fifty thousand only) and to the
utmost surprise it caused great mental agony to my client when he
received a return memo dt. 24-06-2024 with the remarks ‘ DRAWERS
SIGNATURE TO OPERATE ACCOUNT NOT RECEIVE’ from your
banker.
21. That it caused great amount of mental, physical and emotional agony to
my client. That also then my client when he enquired from you above
the above mentioned return memo, you the addressee informed my
client that there has to be some error on the part of the bank and that
the account of the addressee have ample amount of money.
22. That you the husband of the addressee no. 2 namely Bhavesh had also again
assured my client to calm down as there is some fault on the part of the bank
as you very well know that the addressee no. 2 had done the correct official
signature on the said cheque and that you the will resolve this matter as soon
as possible.
23. That then when my client again approached you the addressee no.2 and
no.3 and informed you about the dishonored cheque, you told my client
to wait and then delayed the matter from one pretext to another and that
you with malice intention, exploited money from my client and that my
client in good faith requested you for clearing the dues and making the
payment many times but you always delayed the payment and all the sincere
efforts of my client went into vain.
24. That my client gave constant reminders to you telephonically and made
every possible effort to settle the matter amicably. In all the reminders, my
client has informed you that your payment has been overdue and further
requested you to pay the outstanding amount.
25. That then you the addressee asked my client for another one year of time for
providing the payment and that you from the very beginning had malice and
that you cheated my innocent client.
26. That you the addressee knows the dirty legal tactics and that in order that the
filing of case time of the cheque U/S 138 NI Act is lapse and that my client
will not be able to avail the legal remedy, you are asking for time of one
year.
27. That also as a matter of fact various other ordinances of various high
court and the Supreme court is present that in case of a wrong signature
on the cheque, it will attract the criminal proceedings U.S 138 NI Act
as the accused can’t escape his or her liability as the law is clear that
there is mention of “any cheque” which has truly widened the scope
U.s 138 NI Act
28. As such due to the dishonor of the cheque you have committed an
offence U/S 138 N.I. Act and R/W section 316(2)-318(4) BNS [406-420
IPC].
29. That you the addressee had criminal intent and mislead my client and kept
him under false belief. That you the addressee has exploited the innocence of
my client and caused great mental, physical and emotional agony to my
client.
30. That for the sake of brevity, other facts have not been disclosed in this legal
notice and my client reserves his right in this regard.
31. That you the above said addressee in a planned manner have played fraud,
cheating, deception with malafide intention to grab and usurp the hard
earned amount of my client by misrepresentation & by concealing the true
and material facts and cheated my client by presenting cheques of for
insufficient funds for the encashment of above said cheque & dishonor of
above said cheque for wants of funds has rendered yourself liable to be
prosecuted u/s 138 read with section 316(2)-318(4) BNS [406-420 IPC]
which provides punishment for imprisonment for two years or with fine
which may extend to twice of cheques amount or with both and for 7 years
for punishment u/s 316(2)-318(4) BNS [406-420 IPC] for your above said
act and conduct.
So you are hereby called upon by means of issue of this legal notice to
make the payment of Rs. 50,000- within 30 days from the date of receipt of this
notice along with additional Rs 21,000/- as legal expenses, failing which my client
shall take the appropriate legal action against you in the competent court of law at
your cost and risk.
Signature of my Client Advocate
Dinesh Malik Maan Singh Kakran
Note: A copy of this legal notice has been retained in my office for further
necessary action, if any.
