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Instruments the Negotiable Act Section 138 1881

Instruments the Negotiable Act Section 138 1881 Implement of Cheque Dishonor insufficient fund

Ingredients of liability Under section 138 have been stated in terms of the following

1. The Cheque is drawn on a bank.

2. The Cheque is returned by the bank unpaid.

3. The cheque is returned unpaid because the amount available in the drawers account is insufficient for paying the cheque.

4. The payee has given notice to the drawer claiming the amount within 30 days of the receipt of the information by the bank.

5. The drawer has failed to pay within 30 days from the date of the receipt of notice.
 Legal Notice
 (Registered With AD)


For and on behalf of:

Muhammad Rafiqul Islam
 Bichitra computer
 Ramna , Dhaka

To: Muhammad Abdul Karim
 Managing Director,
 shapla Jute Mills Limited,
 53/9 Jonson Road, Dhaka

Sub: Notice under section 138(b) of the Negotiable Instruments Act 1881 for payment of TK 30,00000/(Thirty Lacs) by cheque no 908854 dated 5-11-2012 issued by you on behalf of shapla jute mills Ltd in favour of my above mentioned client.

Dear sir, Having been instructed by my above mentioned client Muhammad Rafiqul I am giving you this notice that you remaining in charge of and responsible to shapla jute mills Ltd for the conduct of business of the said jute mills issued a cheque bearing no 908854 dated 5-11-2012 in the current Account no 8809 of shapla jute mills ltd with sonali bank Ramna Branch Dhaka for Tk 30,00000/(Thirty Lacs in favour of my client towards the payment of outstanding dues and that my client presented the said cheque on 10-11-2012 in his current Account no 3350 maintained with Janata bank sadarghat
 Branch for payment, but said cheque was dishonored and returned b7y the bank unpaid for insufficiency of fund and that the bank authority informed my client on 15-11-2012 regarding dishonor of the cheque and thereby shapla jute mills ltd and you as managing Director thereof have committed an offence punishable under sections 138/140 of the Negotiable Instruments Act 1881.

Under the above circumstances you are hereby requested to pay the said amount of TK.  30,00000/(Thirty Lacs) to my client Muhammad Rafiqul Islam 30(Thirty) days of the  receipt of this notice failing which my client will be constrained to file a complaint against you and your company shapla Jute Mills Ltd under sections 138/140 of the Negotiable Instruments Act, 1881 in the court of chief Metropolitan Magistrate Dhaka  and in that case you and your company will bear all the consequences thereof.

Thanking You
 Your faithfully Advocate Atikul Islam
 53/9 Jonson Road Dhaka

Section 138 of the Negotiable Instruments Act 1881
Exciting stuff! I must ask though, are you currently taking any medication?
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