Notice Format under section 138 Negotiable Instruments Act [PDF Download]

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Notice Under Section 138 should be sent through registered AD post only.
Notice Under Section 138 has to be issued within one month of bounce of cheque.
The case under Section 138 of the Negotiable Instruments should be filed within 15 days of receipt of the date of issuance of the Notice Under Section 138.
We provide all services of filing cases under Section 138 of the Negotiable Instruments with our team of experts.

To,

Sh. X son of Sh. Y resident of ___

Subject: Legal Notice under section 138 of the Negotiable Instruments Act

Sir,

Under the instructions from and on behalf of my client, Sh. A son of Sh. B resident of _______, I’m serving you with the following notice.

1. That there was a legal debt against you and you in order to discharge liability issued cheque bearing no. xxx dated DD.MM.YYYY for Rs. xxx /- payable at xxx Branch (IFSC Code xxx) from your account number xxx. At the time of issuing the said cheque in favour of my client, you have assured my client that there will be sufficient balance in your account to honour the said cheque.

2. That thereafter on ______________ my client presented the said cheque for collection with his banker i.e xxx, __________, Branch, xxx, but your bank dishonored the above said cheque with remarks ‘Funds Insufficient and returned said cheque along with memo dated DD-MM-YYYY. My client received the dishonored cheque and memo from his bank through registered post on DD-MM-YYYY.

3. That your above noted act shows that you have issued the cheque in favour of my client with fraudulent intention and to deceive my client, intentionally and willfully and knowingly. In this way, you have committed an offence under section 138 to 142 of the Negotiable Instruments Act.

Therefore I call upon you through this notice to make the payment of Rs. xxx along with interest and other charges due thereon in favour of my client within 15 days from the date of receipt of this notice, failing which my client shall be constrained to initiate criminal proceedings against you as contemplated under the above said section, in a competent court of law without any further reference to you in the matter and entirely at your own risks, costs and consequences.

A copy of this notice has been retained in my office for record and further necessary action.

Given under my hand and seal on this DD-MM-YYYY.