BY R.P.A.D.
To Francisco Piedade Mascarenhas Sada, Vasco-da-Gama, Goa – 403 804
Sir,
Under instructions from my client Sri. Olavo Joaquim Lobato, S/o,Joaquim Thomson Lobato, residing at, Stephen Villa, T.B Cunha circle, Vasco-da-gama-403802, I am issuing to you this legal notice as follows:
My client states that you are well known to my client and that you had on 10.01.2009 borrowed a sum of Rs.2.85,000/- (Rupees Two Lakh and Eighty Five Thousand only) from my client as hand loan for your best necessities and on the same day as repayment of the above sum you had issued a post dated cheque bearing No.100136 dated 11/02/2009 drawn on Corporation Bank, Francisco Luis Gomes Road, , Vasco-Da- Gama, Branch, Goa, for Rs.2,85, 000/-(Rupees Two Lakh and Eighty Five thousand only) in favour of my client, promising my client that the cheque would be honoured without fail on presentation.
My client states that he had presented the said cheque for collection on 16.02.2009 in his bankers namely State Bank Of India, commercial branch VA F.L. Gomes road, Vasco da gama. For my client’s shock and surprise the said cheque had been dishonored by your bankers namely Corporation Bank, stating the reason “INSUFFICIENT FUNDS” wide your bankers return memo dated 17.02.2009 which was intimated to my client vide his bankers debit advice dated 18.102.2009. My client states that you knowing fully well that there is no amount in your account, you have issued the above said cheque only with an intention to cheat my client which amounts to an offence punishable under Section 138 of Negotiable Instruments Act.
1
Therefore I hereby call upon you to pay my client the cheque amount of Rs.2.85, 000/-(Rupees Two Lakh Ninety Five Thousand only) within fifteen days from the date of receipt of this notice failing which my client will be constrained to take legal action against you in a court of law for an offence punishable under section 138 of Negotiable Instruments Act for which you will be held liable for all costs and consequences.
The cost of this notice is Rs.2, 000.00.
ADVOCATE Sadanand Naik Vasco-da-Gama
2