SAURABH KUMAR SEHRAWAT & ASSOCIATES
ADVOCATE
CHAMBER: 922, LAWYERS CHAMBER BLOCK,
ROHINI COURT, NEW DELHI
MOBILE NO .9999016026
E.mail: advsaurabh100@gmail.com
DATED: 17/03/2025
LEGAL NOTICE
TO
THE ISHA DHINGRA
D/O SH. JAGDISH DHINGA
W/O RAJAT NANDA
R/O H.NO. F-7/13, 2ND FLOOR
SECTOR-16 ROHINI DELHI – 110085
ASLO AT:-
H-1/91-92, 3RD FLOOR SECTOR-16
ROHINI DELHI-110085
SUB: LEGAL NOTICE REGARDING CHEQUE BOUNCE UNDER
SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT 1881
Sir,
I, Under instructions and on behalf of my client Smt Riddhi Jain W/o
Sh. Anil Kumar Jain S/o Late Sh. Kishan Jain R/o H.No.-383 Pocket-G-26
Sector -3 Rohini Delhi -110085, hereby serve you the above addressee the
legal notice as per Section 138 of the Negotiable Instruments Act,1881.
1. That you the addressee and my client are well known to each other
for a long time through a common friend Rajat Nanda, Rahul Kumar and
CA Anil Kumar Jain and having good Business and Professional
Relationship and also involved in alluring my client.
2. That on 18.02.2023, you the addressee approached my abovesaid client
for a Business Loan for the purpose of teaching worth Rs.5,00,000/-
(Rupees Five Lakhs Only) since, you addressee have a long & good
relationship with my client, so my client decided to give you a Business
Loan for above mentioned amount.
3. That you the addressee acknowledge and confirm receipt of the Loan
Amount of Rs.5,00,000/- (Rupees Five Lakhs Only) as on 18.02.2023
vide RTGS From Bank to Bank.
4. That you and my client entered into a Loan Agreement on dated
18.02.2023, under which you were obligated to pay my client an amount
of Rs.5,00,000/- (Rupees Five Lakhs Only) along with the interest rate
of 2% per month. It was also clearly mentioned in the agreement that the
Interest will be payable Monthly on or before 20 th of Next Month. That at
the time of Agreement you the addressee had issued two advance signed
cheque of Punjab National Bank Sector18, Rohini Delhi-110085 as a
security purpose of amount Rs. 5,00,000/- (Rupees Five Lakhs Only)
5. That as per agreement you the addressee have to pay interest on every
month but you the addressee have not paid any single penny to my client
till date. When my client approached to you for making full and final
payment with interest but you have not taken any intiative for making
payment and instead of making payment you started avoiding the
repayment on one pretext or the other.
6. That again my client approached to you the addressee for making the total
outstanding payment you intentionaly and deliberately misleaded my
client by making false promises that by next month your entire amount
will be paid. That as per your promise or commitment my client
presented both the cheques of Rs. 5,00,000/- for loan amount and
another cheque of Rs.1,50,000/- (Rupees One Lakhs Fifty Thousand
Only) for agreed amount of interest in favor of my client. That as per the
instruction of you addressee, my client has presented the above said
cheques No. 565916 dated 30.01.2025 drawn at Axis Bank Limited F-
26/20, Sector-7, Rohini, Delhi-110085 for a sum of Rs. 5,00,000/- but
shocked to know that the said cheque returned unpaid due to the reason
“INSUFFICIENT FUNDS” vide returning Memo dated 30.01.2025. on
dated 03.02.2025 my client has presented the another cheques No.
565917 dated 30.01.2025 drawn at Axis Bank Limited F-26/20, Sector-7,
Rohini, Delhi-110085 for a sum of Rs.1,50,000/- but again shocked to
know that the said cheque also returned unpaid due to the reason
“INSUFFICIENT FUNDS” vide returning Memo dated 04.02.2025.
7. That my client approached you and tried to inform you about the fate of
the cheque but you started hiding yourself and did not bother and then
ultimately after some time you the addressee intimated my client that by
next month of March 2025 both the cheques will be enchased by your
promise and commitment, my client again built a trust on you.
8. That as per your commitment to my client in the month of March
2025 again my client presented the above said two cheques No. 565916
dated 30.01.2025 drawn at Axis Bank Limited F-26/20, Sector-7, Rohini,
Delhi-110085 for a sum of Rs. 5,00,000/- (Rupees Five Lakhs Only)
and another cheques No. 565917 dated 30.01.2025 drawn at Axis Bank
Limited F-26/20, Sector-7, Rohini, Delhi-110085 for a sum of
Rs.1,50,000/- (Rupees One Lakhs Fifty Thousand Only) but the same
issue arose again both the cheques returned unpaid due to the reason
“INSUFFICIENT FUNDS” vide returning Memo dated 05.03.2025 of
both the cheques. Now ultimately my client have no option except to send
you this legal notice and hence this legal notice.
9. That after getting fed up with the evasive attitude of you addressee,
my client warned you to initiate legal action against you under section
138 of the Negotiable Instruments Act,1881. for recovery of his
outstanding Loan amount alongwith the interest.
10. That the dishonor of the said cheque makes it abundantly clear that
you the addressee have mischievously and intentionally issued the said
cheques knowing very well that the cheques issued by you would not be
honored on presentation and further shows your intention to commit and
perpetuate fraud on my client and indulge in cheating and criminal
misappropriation punishable under S.406 & 420 of the Indian Penal
Code 1860 / S. 316 (2) & 318(4) OF BNS 2023, . My client
contemplates, separately, to initiate criminal legal action having effect of
Section 120-B of IPC besides Section 420 and 406 of IPC.
11. That besides this you have committed an offence under the
provisions of Negotiable Instruments Act as the cheques was issued by
you to repay your legal liability towards my client which utterly failed at
your part. The dishonoring of cheque attract imprisonment up-to the
extent of two years and / or fine which may extend to twice the
amount of cheque.
12. That you could not adhere the terms of the agreement dated
18.02.2023 and seriously and deliberately committed default into timely
delivery and thus you are also liable to be prosecuted for cheating, fraud
and forgery since from beginning you had malafide intention to cheat
my client and hence you have cunningly by this route caused wrongful
loss to my client and you have gained wrongfully, which is illegal.
Under these circumstances, I hereby serve upon you addressee,
notice under S.138 of the N.I. (Amendment) Act, 2018 and hereby called
upon you to make the payment of the above said Cheques amount of Rs.
5,00,000/- (Rupees Five Lakhs Only) and Rs.1,50,000/- (Rupees One
Lakhs Fifty Thousand Only) along with agreed rate of interest @18%
Per annum within 15 days of receiving of this notice failing which I have
specific instruction of my client to institute a legal action, Civil or
Criminal, against you in a competent court of law, against you the
addressee at your cost and peril.
I further call upon you to pay Rs 35000/- towards professional
charges for sending this legal notice.
A copy of the Legal Notice is retained in my office for future
necessary action.
Saurabh Kumar Sehrawat
(Advocate)
