Wednesday, September 1, 2010

Personal Loan Legal Notice

Ref No……… Dated _______
_____ S/o____
R/o ____

Dear Sir

Under the instructions from and on behalf of my client _____, son of resident of ___, I do hereby serve upon you with the following legal notice:-

1- That my client is a _____ under the name _____, and is engaged in the business of ____ etc.

2- That you Noticee approached to my client and requested my client to give personal loan of ___ to you. My client considered your requests and my client gave a personal loan of ____ to you by Cheque No. ____ dated ____ for ____ drawn on ___.

3- That at the time of taking this personal loan amount the total __ EMIs/ installments each worth ___/- per month were fixed by my client payable by you to my said client.

4- That you deposited some installments with my said client and later on you became unable to make the balance payment of monthly installments to my said client. Hence a settlement took place between you and my client vide which you agreed to make the full and final payment of ____/- to my client.

5- That after admitting your enforceable legal liability to make the payment of the said amount, you issued an account payee Cheque No. ____ dated ____ for ____ drawn on ____ in favour of my client firm.

6- That my client presented the above mentioned Cheque with their banker i.e. ____ for encashment but to the utter surprise of my client above mentioned Cheque was dishonoured by your banker i.e. _____ due to the reason “INSUFFICIENT FUNDS” vide ____ Bank Cheque return Memo dated ____. The intimation in this regard was received by my client from his banker.

7- That at the time of issuing the above mentioned Cheque you had full knowledge that the said Cheque would be dishonoured due to insufficiency of the funds as you had no sufficient amount in your bank account to encash the same. By issuing this false and bogus Cheque intentionally and deliberately you have cheated my client and have committed the criminal offence punishable under section ___ of the Negotiable Instruments Act and under Section ___ of Indian Penal Code hence you are liable to be prosecuted and punished as per the provisions of the Act.

I, therefore, through this legal notice call upon you to make the payment of the dishonoured Cheque i.e. ____ to my said client within the period of __ days from the date of receipt of this notice, failing which my client has given me clear instructions to file criminal complaint under section ___ of the Negotiable Instruments Act and under Section ___ of Indian Penal Code against you in the competent court of law and in that event you shall be fully responsible for all costs, risks and consequences thereof.
Copy kept for record.
____ Advocate, ____