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To Date: 18/06/2020
Anil Pandurang Ayre
R/at: 2/25, A Om Sai Apartments,
Road No.27, Shantinagar, Wagle Estate,
Thane-400 604,

Sir,
Under instructions from and on behalf of my client Mr. Rajesh
Dharmveer Balu, having address at Flat No. 105, A-Wing, Building
No.59, Sinhagad Society, Lalu Bhai Compound, Near Deonar
Muncipal Colony, Mankhurd, Mumbai-400043, I have to address you
as under:-

1. My client states that you and my client are good friends since

last 5-6 years and there is good bonding, trust, faith in

between you and my client. My client states that you and my

client used to meet and discuss and share lots of things as to

life and difficulties arising in life.

2. My client states that you were in urgent need of financial aid

in the year 2019 for your business and also to meet your

family requirements.

3. My client states that as you tried obtaining loan from

financial institutions but your requirements could not meet

completely and you need Rs.5,00,000/- on urgent basis.


4. My client states that you were very much aware that my

client is financially sound and if you ask for financial help

then same will be fulfilled by my client due to financial

soundness and healthy relationship between you and my

client.

5. My client states that due to aforesaid circumstances, you

requested my client a friendly loan of Rs.5,00,000/- (Rs. Five

Lakh only) in cash during 2019 and same was fulfilled by my

client by giving you said amount of Rs.5,00,000/- in cash on

various occasion part by part during 2019.

6. My client states that you availed a friendly loan of

Rs.5,00,000/- (Rs. Five Lakh only) from my client in cash

and fulfilled your requirements. My client states that you

and my client used to meet thereafter but you did not bother

to return the abovesaid amount of Rs.5,00,000/- though you

promised to return at the earliest.

7. My client states that he was in need of his money and as

such my client requested you to return his friendly loan of

Rs. 5,00,000/-. My client states that you promised and

assured my client payment of abovesaid total amount.

8. My client states that to return the abovesaid friendly loan

amount of Rs.5,00,000/-, you have issued three post dated

cheques bearing nos.(1)704178, dated 13/03/2020, for an


amount of rs.1,00,000/-, (2)704180, dated 08/03/2020, for

an amount of Rs.2,50,000/- (3)704176, dated 07/03/2020,

for an amount of Rs.1,50,000/-, all three cheques drawn on

Greater Bank, in favour of my client towards legal liability.

9. My client states that you instructed my client to encash

abovesaid three cheques issued towards legal liability and as

per your instructions my client has deposited abovesaid

three cheques with his banker i.e., IDFC First Bank, Mumbai

but all the abovesaid three cheques return unpaid with

remark insufficient balance y his banker on 08/06/2020.

10. My client states that since then my client has been making

follow ups, but you are just giving excuses. Hence my client

has come to conclusion that you have some ulterior motive to

the effect that you are not sincere in making the payment

though the said amount is your legal liability.

11. My client states that from the total behavior on your part,

my client drawn a clear inference that you have done so with

a view to deceiving and cheating my client.

12. My client states that it also appears that your intentions

were not good when you issued the abovesaid cheques for

the amount which you did not have in your account and

since you knew it very well, you tried to commit not only a
civil breach but also criminal offence within the provision,

meaning and interpretation of civil as well as criminal law.

13. My client states that since the abovesaid cheque/s have

been dishonored for the reason of “Fund Insufficient”, you

may be held liable civil as well as criminal U/s.138 of the

Negotiable Instruments Act, 1881, Cr.P.C. and the provisions

of the Code of Civil Procedure 1908.

14. My client states that under the said circumstances, you are

hereby called upon to pay to my client abovesaid cheque

amount of Rs.5,00,000/- (Rs. Five Lakh Only) to my client

within 15 days from the receipt of this notice, failing which

my client will be constrained to take against you an

appropriate legal action including filing of a criminal

complaint u/s.138 of NI Act and u/s.420 of IPC and or

recovery suit, which please seriously note.

My client states that since your illegal behavior have


necessitated the issue of this notice, you are hereby charged
with its costs of Rs. 10,000/- which also please further note.

Yours faithfully,

(Shri.A.T.Bhautik)
Advocate High Court