Notice by an advocate on behalf of an individual payee to the individual drawer when there is some other claim also other than the dishonoured cheques

Updated atDecember 2009

Name: ........................

........................

Office: ........................

........................

Residence: ........................

........................

Date: ........................

Regd. A.D./U.P.C

To

Name .............................

Address...........................

Subject: Dishonour of Cheque

Sir,

For and on behalf on my client(s) M/s. .......................... (Name and address of business entity or the individual, as the case may be), I have to serve you with the following legal notice:

  1. That as you know that my client(s) are running the business of Bales of Cotton (hereinafter called goods) is the main stockist and dealer of the same. They are doing the business of dealing in Brass Rods in his personal name.

  2. That you have been purchasing the said Bales of Cotton from my client(s) since.......... (give the date of first dealing or the estimated period of relationship) and due to the faith my client(s) reposed in you, they started allowing you to take the delivery of goods from them against the issue of cheques for the amount payable in respect of the goods purchased.

  3. That besides the goods you have paid for, you purchased goods with the following description:

    Invoice No. Date of Invoice Amount Status of ST Form
    (i)
    (ii)
    (iii)
    (iv)
  4. That against the above mentioned goods you have issued the cheques with the following description:

    Cheque No. Date of Cheque Amount Drawee bank
    (i)
    (ii)
    (iii)
    (iv)
  5. That the total amount of goods you have purchased was Rs. .............. out of which you have issued the cheques totaling to Rs. .............. Thus, other than the cheques as stated above Rs. ................ also is due in favour of my client(s) from you.

  6. That above said cheques were issued at the time of delivery of goods promising that on the presentment of the said cheques they will be honoured and the balance was to be paid by you within a period of one week from the date of delivery of such goods.

  7. That the above stated cheque has been dishonoured on its presentment with the endorsement "Insufficiency of Funds in the Account of the Drawer" on ............. (Date) vide Returning Memo No. ........... of which my client(s) got the information on ................(Date) from the bank. Had my client(s) known that on its presentment the cheques so issued would be dishonoured, they would never have delivered...

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