BANKING LAW ASSIGNMENT
NOTICE DRAFTING
SUBMITTED BY
MOUSHIMI MEDARAMETLA
ROLL NO: 2100579002
NOTICE
[REPLY TO LEGAL NOTICE UNDER SECTION 138 OF THE NEGOTIABLE
INSTRUMENTS ACT, 1881]
DATE: 04/04/2025
To,
NANDAMURI BALAKRISHNA
S/o NTR, D.No 832,Laxshmi Vilas,JNTU Road,
Kukatpally,9848005037,Hyderabad
500085
SUB: Reply to your Legal Notice dated 15-03-2025 regarding alleged dishonour of
cheque bearing no. 12024826
I am concerned for NANDAMURI TARAKA RAMA RAO (herein after referred to as “My
Client”), S/o NANDAMURI HARIKRISHNA, Resident of D.no: 74-3/1-2 Sree Nivas,
pandaripuram colony 7th lane, Vijayawada, AP, 520007. On behalf and under instructions of
my client, I am hereby addressing you as under:
1. My Client is in receipt of your legal notice dated 15-03-2025, issued through your
Advocate, alleging that a cheque bearing no. 12024826 dated 25-02-2025 for a sum of
Rs 5,00,000/-, drawn on HDFC Bank MG Road Branch, was issued by my client in
favour of your client and the same has been dishonoured due to “insufficient funds”
on presentation.
2. At the outset, my client categorically denies each and every allegation, statement,
and contention made in your said notice, except those that are specifically admitted
herein. The allegations made are false, baseless, concocted and malicious, and
appear to have been made with an intent to harass and pressurize me. Furthermore, it
is expressly clarified that nothing in this Notice shall be construed as an admission by
my client and the lack of specific denial in this Notice should not be construed as an
admission.
3. My client is a respectable man in the business for over 20 years and had been a great
partner in business with your client for over 10 years. Every time the order was
placed, payment was done immediately after receiving the goods.
4. That, in fact, my client did not place any order for supply of any machines
whatsoever, as alleged by you. But, with a view to dispose off your old stock of
outdated machines, you requested my client to place them at his shop for sale.
Keeping in view old relations my client agreed to your client’s proposal, which was
subject to the condition that payment would be made only after those machines were
sold out. However, those machines were not only outdated, but were also
mechanically faulty, because of which till date they are lying with my client, which
your client is at liberty to take back with two days’ prior notice. It is pertinent to
mention here that the cheque in question was handed over by my client blank and the
same was to be used only upon instructions of my client, after he could sell out all
those machines.
5. That, however, your client has cheated my client by misusing that cheque which is not
in the handwriting of my client. As a matter of fact, your client has committed fraud
in the matter and, consequently, is liable to be proceeded under the relevant
provisions of law.
6. The alleged cheque mentioned in your notice was never issued by my client in
discharge of any liability. Rather, your client has misused that blank cheque with
ulterior motives, after forging the same.
7. my client reserve all his rights to challenge the authenticity, legality, and
enforceability of the alleged instrument (cheque) and the manner in which it came
into your client’s possession.
8. Your client is put to strict proof of the existence of any debt, transaction, or
agreement, based on which the alleged cheque is claimed to have been issued.
Your notice appears to be a misuse of legal provisions under Section 138 of the NI
Act and is liable to be challenged under appropriate legal forums.
Therefore, your demand for payment of Rs 5,00,000/- within 15 days is wholly unwarranted
and unjustified. I hereby call upon you to withdraw the said notice forthwith, failing which I
shall be constrained to initiate appropriate civil and criminal proceedings, including for
defamation and misuse of legal process, entirely at your client's cost and risk.
This reply is being issued without prejudice to my client’s rights, contentions, and remedies
available under the law.
A copy of this Notice is retained in my office for future course of action and this notice is
valued at Rs 10,000/-.
ADVOCATE
MOUSHIMI MEDARAMETLA
