BY Regd. A.D.
POST
12.03.2019
To,
Mr. GOVIND BABULAL BHANSALI
1. ROOM NO. 57, 1ST FLOOR,
KHEMRAJ BHAVAN, SHREE KRISHNA MARG,
7TH KHETWADI BACK ROAD, GIRGOAN
MUMBAI- 400 004
2. C/404, AKASH GANGA CHS LTD.
DEVCHAND NAGAR ROAD, NAVYUG NAGAR,
NEAR JAIN TEMPLE, BHAYANDER(W)
THANE- 401 101
Subject: Notice under Section 138(b) of the Negotiable Instruments Act Dishonour of
Cheque No. 089129 and No.089130. Dated: 05/03/2019 and 05/03/2019 respectively
for Rs.25000 and Rs.60000 respectively. Drawn on UNION BANK LTD. and UNION BANK
LTD. respectively.
Dear Sir,
Under the instructions and authority from My Client Mr. DASHRATH KESHAVLAL
PANCHAL s/o KESHAVLAL PANCHAL r/o Flat no. 201, 2ND floor, Kshemkalyani Sadan,
Sanyasashiram Mandir, Ville Parle (W), Mumbai- 400 056. We would like to serve upon
you the following notice:
1. My client states that you, Mr. GOVIND BABULAL BHANSALI, have taken a sum of
Rs. 85,000 from My client on dated 12th October, 2017. For the purpose of
FREINDLY LOAN. As you, Mr. GOVIND BABULAL BHANSALI, informed My client
that you, Mr. GOVIND BABULAL BHANSALI, were in urgent need of Money
because your son was suffering from some disease and to pay your son’s medical
bills and also to pay your son’s outstanding school fees, For this you, Mr. GOVIND
BABULAL BHANSALI, had approached My client for some money and in Lieu of
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2. that My client had disbursed you, Mr. GOVIND BABULAL BHANSALI, Rs.85000 in
Cash dated 12-10-2017. As My client and you, Mr. GOVIND BABULAL BHANSALI,
were in Business Relationship since last 5 years, Thats why My client trusted
you, Mr. GOVIND BABULAL BHANSALI, by giving you sum of Rs.85000 in cash.
My Client further states that on 12th October, 2017 Loan Agreement was made
between My client and you, Mr. GOVIND BABULAL BHANSALI, regarding the
above said subject matter and the same was signed by you, Mr. GOVIND
BABULAL BHANSALI, in the presence of one witness. My client states that the
said loan agreement dated 12-10-2017 was executed between you, Mr. GOVIND
BABULAL BHANSALI, and My client on following grounds:-
a. That you, Mr. GOVIND BABULAL BHANSALI, will repay the amount
Rs.85000 within one year from the date of loan agreement.
b. That the said amount was given to you was Interest free.
3. My client further states that for discharge of the said amount i.e. Rs. 85000 you
had promised to repay the said amount Rs. 85000 to my client and in pursuance
of that you had issued 2 cheques. bearing No. 089129 and No.089130. Dated:
05/03/2019 and 05/03/2019 respectively for Rs.25000 and Rs.60000
respectively.
4. My client states that you, Mr. GOVIND BABULAL BHANSALI, have admitted and
acknowledged your liability and towards due of the liability, you have signed and
issued 2 cheques all drawn on Union Bank Ltd dated 05/03/2019 and
05/03/2019 respectively in favour of My client . The details of cheques are given
here under:
Sr. No. Cheque No. Date Amount
01 089129 05/03/2019 Rs.25000.00
02 089130 05/03/2019 Rs.60000.00
Total Rs.85000.00
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At the time of signing and issuing your aforesaid cheques, you assured and
promised My client that your said cheques will be honoured on presentation to
your bank. Accordingly as per your instructions and assurances My client
deposited your aforesaid cheques in his Bank Account maintained with Kotak
Mahindra Bank, Branch – Andheri East and Account No. 06510120026384
and through his said bank presented your aforesaid cheques in your bank
account for payment and clearance thereof. But your said both cheques returned
dishonour from your bank on 06/03/2019 with remark “Others – CHQ
Destroy” and “Others – Unusabl” respectively. and My client received the
cheques along with cheque dishonour memos dated 06/03/2019 and
06/03/2019 for each respective cheques.
5. My client state that on the date of presentation of your aforesaid cheques, The
bank replied with memo with remark “Others – CHQ Destroy” and “Others –
Unusabl” respectively to honour the said cheques.
6. My Client states that the said Both the Cheques were not honoured , This proves
that you had intention of cheating My client from beginning.
7. My client states that you have mischievously, deliberately and intentionally
signed and issued your aforesaid cheques with a view to dupe, deceive and cheat
My client. My client further states that deliberately you have breached the trust
of My client and cheated with sole intention to cause unlawful harm to My client
and made unlawful gain.
8. In view of the above mentioned facts from My client has instructed us to call
upon you, which we hereby do and call upon you to pay the amount of Rs.85000
(from due under aforesaid dishonour cheques), either to me or to My client
within a period of 15 days from the receipt of this notice, failing to which My
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client shall be constrained to file criminal complaint under Section 138 of
Negotiable Instrument Act entirely at your risks to the cost and consequences
resulting therefrom, which please note.
Thanking you.
Yours truly,
(TRUPEN RATHOD / VIVEK TIWARI)
