Notice by an advocate on behalf of an individual payee to the individual drawer when one cheque is dishonoured which was issued for the repayment of loan 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 you approached my client through Mr. ................, for the advancement of some loan in your favour.
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That you succeeded in reposing confidence in my client for the repayment of loan at the right time through your assurances and through the issue of a post-dated cheque for the amount of loan i.e. Rs. ................... which was dated ................., i.e., the date on which the loan was to be paid back to my client. The said cheque was bearing No. ................. which was issued on ............. (Name of the Banker).
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That on this much of assurance and particularly on the issue of the post-dated cheque dated............... bearing No................., my client advanced you a loan of Rs. ...........
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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, he would never have advanced you the loan.
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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 having understood that you issued the cheque to my client against the aforesaid loan for the amount which you never had in your account at the time of issue of cheque and, therefore it can be inferred that you took the loan by deceiving my client when you issued the cheque knowing fully well that you had insufficient funds in your account to honour the...
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