LEGAL NOTICE
Date: 24.04.2025
To,
Mr. Deepali Kaushik
W/o Himanshu Kaushik
House No. 364, Sector-13,
Vasundhara, Ghaziabad,
Uttar Pradesh – 201012.
Subject: Legal Notice regarding Dishonour of Cheque No. 082832 dated
07.04.2025 for Rs. 2,00,000/- issued in discharge of lawful debt.
Sir,
Under instructions and authority from our client, Mr. Sharad J Taank S/o Janak
Raj, resident of 4296 Queen Road S.P Mukherjee Marg, G.P.O. North Delhi,
Delhi-110006, I hereby serve upon you the following legal notice:
1. "That you (Addressee) and our client have been personally acquainted for
a period exceeding two years, during which a relationship based on mutual
trust and cordiality existed between the parties. Taking undue advantage of
the said relationship, you approached our client with a request for a friendly
loan. Relying upon your representations and assurances, and acting in good
faith, our client advanced to you a sum of ₹50,000/- (Rupees Fifty
Thousand only) on 28th January 2025 by way of NEFT transfer, bearing
transaction ID: IDIB-IOBAN25028376648. Subsequently, on 28th
January 2025, an additional amount of ₹1,50,000/- (Rupees One Lakh Fifty
Thousand only) was paid to you in cash, in the presence of a witness. On
the same date, you executed and handed over to our client a promissory
note and a cheque towards the said amount. It is pertinent to mention that
although no formal loan agreement was executed at the time, the
transactions were carried out bona fide, relying upon the trust and
confidence our client had reposed in you."
2. That at the time of availing the aforesaid loan, you issued in favour of our
client a cheque bearing No. 082832, dated 07.04.2025, drawn on your
Savings Account No. SB 6679797678 maintained with Indian Bank, C-40,
Ten Tower,, Sector 15, Ghaziabad, U.P. – 201012, for the sum of Rs.
2,00,000/-, in discharge of your legally enforceable debt.
3. "That simultaneously, you executed and delivered a duly signed
promissory note in favour of our client, thereby expressly acknowledging
the receipt of the aforesaid loan amount and undertaking to repay the same
on or before 31st March 2025. In furtherance of the said undertaking and
towards discharge of your liability under the promissory note, you also
issued a cheque in favour of our client. The said promissory note bears your
genuine signature and clearly sets forth the terms and conditions governing
the repayment of the loan."
4. That it was mutually agreed and documented that in the event the borrower
(you) fails to repay the loan amount within the agreed time frame, the
lender (our client) shall have the absolute and unconditional right to present
the cheque bearing No. 082832 for encashment, and the said cheque shall
be deemed valid for the purpose of recovering the outstanding loan amount.
Further, it was also agreed that in the event the borrower repays the loan
amount in full prior to the due date, the said cheque shall stand cancelled
and rendered null and void, and our client shall duly return the cheque to
the borrower upon receipt of the full loan repayment.
5. "That in accordance with the aforesaid understanding, our client presented
the said cheque for clearance through his banker, namely Bank of Baroda.
However, the said cheque was dishonoured and returned unpaid with the
endorsement 'Drawee bank’s fund with sponsor bank insufficient', as
reflected in the return memo dated 15.04.2025, received from the bank."
6. That when our Client informed you regarding the dishonour of the cheque
and requested you, to make the payment, you gave false assurances on one
pretext or the other and did not pay the amount due till date.
7. That the above facts makes it abundantly clear that you with dishonest
intentions and in order to cause unlawful harm to our client issued the
aforesaid cheque knowing fully well that the said cheque would not be
honoured on presentation and thus, have committed an offence under U/s
138/142 of the Negotiable Instruments Act, 1881.
8. Through this notice, we call upon you to make the payment of the cheque
in question amounting to 2,00,000 (Two Lakh Only) within 15 (fifteen)
days from the date of receipt of this notice, failing which our Client will be
bound / constrained to take further appropriate action under the Negotiable
Instruments Act, 1881 against you in the competent Court of Law
9. You are also called towards the costs of this legal Notice.
Place:
Date:
Your faithfully,
Vishal Dubey
(Advocate for Mr. Sharad J Taank)
Mobile No: 8318684029
