Advocate ,
SPEED POST/ELECTRONIC MESSENGER
To, 24.08.2024
XXXXXXXX
R/o XXXXX
NOTICE FOR RECOVERY OF MONEY
Under the instructions and on behalf of our client namely XXXXXX R/o
XXXXXX, I hereby serve upon you the above mentioned addressee, with a
legal notice to the following effect:
1. That my client is a law abiding citizen of this country and is a
resident of the above mentioned address.
2. That you, the above mentioned Noticee No. 1-Shubham Kumar have
been a friend of my client from a considerable period of time.
Consequently, you introduced your wife-Noticee No. 2 to my client.
3. That in view of the aforesaid friendship, you the noticees requested
my client to give an amount of Rs.XXXX/- as a loan, which you-the
noticees shall be putting in the Noticee No.-1 firm. You-the noticees
further assured that you will provide an interest of minimum X%
p.a. You-the noticees further assured that you-the noticees shall be
personally liable for the amount so borrowed on interest irrespective
of any contractual obligations of the noticees with any other firm.
You-the noticees further assured that my client can ask for the return
of the amount as and when required by my client.
4. That, upon this, my client was reluctant to grant such a huge sum for
your requirements that he was unable to arrange such a large sum for
granting the loan. However, you-the noticees pressured him that he
must avail the loan facility from some third party financer and
you-the notices would take the entire responsibility to clear the
outstanding dues of the third financing company inclusive of
interest. Consequently, in view of the tall promises made by you-the
noticees, my client agreed to give you a loan amount of Rs.
XXXXX, which was transferred to you partly in cash and partly
Advocate ,
transferred to the your respective bank accounts as per information
provided by you on different dates in the year 2022, after availing
loan facility from a third party financing company. Eventually, you
informed my client that you have used the money for running your
own business company by the name of Fortunate Ones and you-the
noticees have transferred all the money in the said business entity
whose business model provides good rates of interest. You further
informed my client that you-the notices have shown the aforesaid
personal liabilities of yours in the accounts of the business entity,
however, you-the notices remain personally liable for repayment of
the entire dues alongwith the interest accrued either upon the amount
or to be paid to third party financer.
5. That as per the tall promises made, by you-the noticees, initially an
amount of Rs. XXXX/- and Rs. XXXX/- was paid by you towards
the interest accrued upon the loan amount so received by you.
However, once the complete amount of Rs. XXXX/- of loan was
transferred to you-the noticees, you stopped making any further
payment of interest.
6. That subsequently my client approached you many times, to return
the loan advanced to you. However, you kept on dilly-dallying the
same on one or the other pretext. Upon multiple requests made by
my client to you, you made a further payment of Rs. XXXX/- on
9/4/2024 and Rs. XXXXX/- on 22/6/2024 towards the part-payment
of interest accrued and assured my client that you-the notices would
clear the entire outstanding alongwith the interest on or before
22/7/2024. However, from 22/07/2024, you again started
dilly-dallying the repayment of the loan amount and interest accrued
thereon.
7. That your (Noticee No. 1-2) abovestated acts and conduct shows that
your intentions were not good towards my client from the inception
and thus you have committed Cheating, fraud, criminal breach of
trust upon my client and have caused mental pain, harassment and
financial loss towards my client and hence, you are liable to be
Advocate ,
prosecuted and punished with imprisonment of either description for
a term which may extend to 7 years and shall also be liable to fine
under Section 316, 318, 320, 321 Bhartiya Nyaya Sanhita
(hereinafter referred as ‘BNS’) read with various other provisions
of law.
8. That you-the Noticee No. 1 and 2 are hereby called upon to pay the
principal amount of Rs. XXXXX towards the repayment of loan
advanced by my client to you and an amount of Rs. XXXX) towards
the interest accrued from time till the date of issuance of this notice
and further interest which accrues till the date of actual payment.
Thus, you are hereby called upon to pay an aggregate amount of Rs.
XXXXXX) to my client within a period of fifteen days from the
receipt of this notice, failing which I have full and final instructions
from my client to take appropriate legal action against you, i.e. civil
as criminal, which shall be entirely at your risk as to the cost and
consequences.
Further, you are also liable to pay Rs. XXXXXX/- (Rupees
XXXXXXXXXXXXXXXXXX Only) as notice charges to the instant
notice.
Copy of this notice is retained in our office for further reference.
XXXXXX
Advocate
