Notice Under Section 138 of Negotiable Instrument Act, 1881 (Sample)

Notice Under Section 138 of the Negotiable Instrument Act, 1881

By Registered post with A/D

M&A/CVM/LN- 12/2016

Date: 21^st May 2016

From and on behalf of:

Mr. Azizul Hakim,
Son of late Abdul Hakim
House No.55, Road No.2
Dhanmondi, Police Station- Dhanmondi
Dhaka

— Notice Giver

To:

Mr. Ziaul Ahsan,
Son of late Moinul Ahsan
House No.45, Road No.3
Azimpur, Police Station- Lalbagh
Dhaka

— Notice Receiver

Reference: Cheque No. 152645 of Brack Bank Bangladesh Limited, dated the 23^rd day of January 2016.

Subject: Notice Under Section 138 of Negotiable Instrument Act,1881 for Dishonor of cheque for an amount of BDT 50,000

Dear Sir,
We act on behalf of our client above named who has instructed us to  serve upon you this notice under the following terms and conditions:

1. That our client is a reputed businessman and honourable person in his area.
2. That you were previously known to our client since you are a childhood friend of our client.
3. That you asked our client to give you money an amount of BDT 50,000.00 (Fifty Thousand) taka only, due to your emergency medical condition of your wife.
4. That you promised to repay it within 2 (two) months, therefore our client and you both agreed upon on a condition that you will sign a Cheque dated 23 January 2016 to guarantee the repayment of money.
5. That based on such agreement between two of you, on 23^rd November 2015, you issued that above-mentioned Cheque dated 23 January 2016 and thereafter you received the money an amount of BDT 50,000 (Fifty Thousand) taka only in the way of cash from our client.
6. That our client submitted that above-mentioned cheque on 24.01.2016, 24.02.2016 and 24.03.2016 on Brack Bank Limited (Dhannomdi Branch) and the same had been dishonoured on all three dates by your banker remarks “Insufficient Funds” and returned to my client on the same date.
7. That as the said cheque issued by you has been dishonoured by your banker as such you are hereby given this notice under section 138 of the Negotiable Instrument Act 1881.

Therefore, in view of the above circumstances, you are hereby requested to pay my client the total value of the dishonoured cheque amounting take BDT 50,000.00 (Fifty thousand) taka only within 30 (Thirty) days of this notice and let me know your compliance within 3 (three) days of receipt of this legal notice. Failing of which, we have got clear instruction from our client to proceed to criminal action under section 138 of Negotiable Instrument Act, 1881 and/or any other action/s against you.

For the purpose of future uses, a copy of this notice is kept in our chamber.

With thanks

Md. Rayhanul Islam
Advocate, Supreme Court of Bangladesh
For, “Mahbub & Associates” Law Firm
Room No, 1001. (10th Floor)
Supreme Court Bar Association Annex Building, Ramna, Dhaka.

Read in details about cheque dishonour at Cheque dishonour case under Negotiable Instrument Act, 1881