Notice U/s. 138 of N. I. Act by R.P.A.D.: Disha Enterprise Gujarati Galii, Hanuman Chwok, Ganj Golai, Latur

Notice u/s. 138 of N. I.
Act Date: 03/05/2019
By R.P.A.D.
To,
Vaishnavi Marketing
Through its proprietor
Dayanand Ashok Bansode
Samata Nagar, Diggi Road,
Omeraga Dist. Osmanabad
Under the instructions and authority furnished by my client Disha Enterprise,

through it’s Prop. Nikhil Rathi r/o Gujarati Galii, Hanuman Chwok, Ganj
Golai, Latur I do hereby issue this statutory notice u/s 138 of Negotiable
Instruments act, as under:-
1. That, my clients are running the business of Electrical and general items in the
name and style Disha Enterprise, at Gujarati Galii, Hanuman Chwok, Ganj Golai, Latur. You are
also running the business at Samata Nagar, Diggi Road, Omeraga Dist. Osmanabad. Because
of regular customer and having friendly relations in between my clines and you, you used to
purchase the commodities from the shop of my client on cash and credit also and thus you
gained faith of my clients.
2. That, in the period of 13/06/2018 to 28/02/2019 several times you had been to
my clients and requested to give the Electrical and commodities articles on credit and
considering earlier business relations my clients have accepted the request of you and
delivered Electrical and commodities articles on credit basis on the principal condition that
account should be cleared on before one month of every financial year end after perusal of
Account tally balance before one month of financial year end 2019 bill amount was arrived to
Rs. 79675/- they have delivered the same and assured to make the payment bill worth Rs.
70000/-.
3. That, you have issued a cheque bearing No. 000001 dated 06/02/2019 for Rs.
70,000/- duly signed personally from your own account bearing its No. 50100014686309
drawn on HDFC Bank Ltd. Branch Tadivala Road Opp. Shohrab Hall Pune with assurance
that the said cheque would be honored positively.
4. That, thereafter my client had presented the said cheque through his banker
Janata Sahakari, BankLtd. Pune Branch-Latur who in turn sent the said cheque for clearing to
your banker but surprisingly it came to be dishonored and it returned to my client through its
banker vide its memo dated 07/02/2019 with the endorsement “Account Closed”. After the
dishonor of said cheque my clients have informed to you and pressed hard for the payment of
cheque amount to which you have requested to my client that due issue of network
congestion in bank its wrongly mentioned Account closed so now ‘I am depositing 5000/- &
represent the said cheque on or after 19th of April 2019 and accordingly my client has
represented the said cheque through his banker but in the similar fashion it came to be
dishonored and returned to my client through its banker vide its memo dated 23/04/2019 with
endorsement “Account Closed”.
5. That, thereafter again my client had informed to you about dishonor of cheque
and demanded the amount of cheque to which you have gone avoiding to face my client and
send the message to wait for some more period with an intention to lapse the remedy u/sec.
138 of N.I. Act.
6 That, it seems that you have issued a false and bogus cheque even by
accepting the liability of cheque and enjoying the goods covered under bill with an intention
to cheat and defraud my client to gain wrongfully for yourself and to cause wrongful loss to
my client and thus you have committed an offence punishable u/s 138 of Negotiable
Instruments Act.
7. You are therefore called upon by this statutory notice to make the payment of
cheque amount of Rs. 70,000/- to my client within the period of 15 days from the date of
receipt of this notice. Failing whereof my client had instructed and authorized me to proceed
against you in competent Criminal Courts of law u/s 138 of Negotiable Instruments Act and
for the costs and consequences of which you will be held liable which please note.
8. Hence this statutory notice is being issued for strict compliance so as to avoid
further complications to my client and yourself.
Notice charges of Rs. 2500/- are also levied upon you.
(Prashant .V. Jadhav)
Clients signature Advocate, Latur.

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Notice u/s. 138 of N. I.

Act Date: 03/05/2019

Under the instructions and authority furnished by my client Disha Enterprise,

Notice charges of Rs. 2500/- are also levied upon you.

(Prashant .V. Jadhav)

Clients signature Advocate, Latur.

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