A notice served under Section 138 of the Negotiable Instruments Act should be issued within one month of the bounce of the cheque is sent through registered AD post only.
Notice Format under Section 138
To
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Sub.:- Legal notice under Section 138 of the Negotiable Instrument Act.
Sir,
Under the instructions and authority from our client [___] having their office at [___], we serve upon you the following notice of demand under Section 138 of the Negotiable Instruments Act.
The cheque no. [___] dated [___] for an amount of [___] drawn on the [___] branch, was issued by you in lieu of discharge of your financial liabilities to us.
The said cheque was presented for payment, but the same has been returned by your bank with the endorsement [___]. The Bank has informed us through their cheque return memo dated [___]. This fact was brought to your notice by our client vide letter dated [____].
That inspite of many telephonic reminders and personal visits by the representative of our client to your office, you failed to make the payment due to our client.
You are now requested to make the payment of the above-said amount immediately in accordance with the provisions of Section 138 of Negotiable Instrument Act failing which we criminal proceedings will be initiated against you as contemplated under the above-said section.
This is without prejudice to all other legal rights and remedies available to our client for the above-stated purpose.
Kindly take notice.
Yours
Date
Name
Address
