Notice by an advocate on behalf of an individual payee to the individual drawer when more than one cheque is dishonoured with the endorsement “Account Closed” on the returning memo

Updated atMarch 2010

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).

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

  2. 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 reposed in you, he 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.

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

    Cheque No.

    Date of Cheque

    Amount

    Drawee bank

    (i)

    (ii)

    (iii)

    (iv)

  4. That above said cheques were issued at the time of delivery of goods promising that on their presentment the cheques will be honoured.

  5. That the above stated cheque has been dishonoured on their presentment with the endorsement "Account Closed" on ............. (Date) vide Returning Memo No. ..........., ............, ............, ............, ............. of which my client got the information on ................(Date) from the bank. That in fact you did not have sufficient funds in your account to honour the cheques you had issued and to avoid the liability under section 138 of the Negotiable Instrument Act, 1881 as amended upto date, you got your account closed before my client could present the same for encashment. Had my client known that on their presentment the cheque so issued would be dishonoured, my client would never have delivered those goods.

  6. That in all, the cheque which was issued by you in discharge of your liability/debt which has been dishonoured for the reason of insufficiency of funds.

  7. That thereafter my client have been running from pillar to post to contact you but you have been avoiding the same.

  8. That now my client has understood that you issued the cheque to him against the delivery of goods for the amount which you never had...

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