Notice Format under Section 138 with PDF – This is a suggested notice format under section 138, also called Check bounce notice format. It is available for free download in pdf and docs format. This section 138 notice format is drafted by our legal and law experts.
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Notice format under section 138 | Check Bounce Notice format
Regd. AD/ UPC/ BY HAND
Sub.:- Legal notice under Section 138 of the Negotiable Instrument Act.
The cheque No.———–— dated ——-/——/———- for an amount of —————– drawn on the ————branch, was issued by you in lieu of a 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———–.
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 will initiate criminal proceedings against you as contemplated under the above said section.
This is for your information.
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Section 138 of the Negotiable Instruments Act
Section 138. Dishonour of cheque for insufficiency, etc., of funds in the account.
Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid.
Either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice.
To any other provision of this Act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both:
Provided that nothing contained in this section shall apply unless:
-> The cheque has been, presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;
-> The payee or the holder in due course of the cheque as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer of the cheque, within fifteen days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and
-> The drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.
Explanation.-For the purposes of this section, “debt or other liability” means a legally enforceable debt or other liability.
Explanation: For the purposes of Section 138 of Negotiable Instruments Act, “debt or other liability” means a legally enforceable debt or other liability.
The above-suggested format can be used for Notice Format Under Section 138, Legal Notice Under Section 138 Format, Format Notice Under Section 138, and Draft of Notice Under Section 138.
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