Notice by an advocate on behalf of an individual payee to the individual drawer when one cheque is dishonoured with the endorsement on the return memo as “Refer to Drawer”
| Updated at | December 2009 |
Name: ........................
........................
Office: ........................
........................
Residence: ........................
........................
Date: ........................
Regd. A.D./U.P.C
To
Name .............................
Address...........................
Subject: Dishonour of Cheque
Sir,
Please take the following legal notice for and on behalf of my client(s) M/s. ............... (Name and address of business).
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That as you know that my client is running the business of ....................... (hereinafter called goods) is the main stockist and dealer of the same. My client is doing the business of dealing in ......................... in his personal name.
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That you have been purchasing the said rods from my client 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 him against the issue of cheques for the amount payable in respect of the goods purchased.
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That besides the goods you have paid for, you purchased goods to the tune of Rs. ......... (In words ..................) vide invoice No. ................ dated ..............., with the Form No. ST-35 due and all documents sent directly.
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That against the above said invoice you issued to my client a cheque bearing No. .................., dated ..............., drawn on ................ (Name of the bank of which the cheque is drawn) at the time of delivery of goods promising that on the presentment of the said cheque it will be honoured.
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That the above stated cheque has been dishonoured on its presentment with the endorsement "Refer to Drawer" on ............. (Date) vide Returning Memo No. ........... of which my client got the information on ................(Date) from the bank. That the cheque is in fact dishonoured for the reason of "insufficiency of funds" and for your failure to arrange with your bank for the said sum of money. Had my client known that on its presentment the cheque so issued would be dishonoured, my client would never have delivered those goods.
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That in all, the cheque which was issued by you in discharge of your liability/debt has been dishonoured for the reason of insufficiency of funds irrespective of the endorsement on the returning memo.
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That thereafter my client have been running from pillar to post to contact you but you have been neglecting the same.
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That...
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