Legal Notice

Rawat Advocates & Legal Consultants Office: D-133, Ramesh Vihar, Ramghat Road, Aligarh-202001, U. P. Contact: 09456235174 E mail: [email protected] POST WITH A/D.

LEGAL NOTICE Dated: 28th of September, 2013 To, 1. Shri Basant Kumar Agarwal @ Bobby Prprietor Firm M/s. Rakesh Electricals & Gift Center Shreechandra Market Jattari-202137, P.S. Tappal District-Aligarh 2. M/s. Rakesh Electricals & Gift Center Through Prprietor Shri Basant Kumar Agarwal @ Bobby Shreechandra Market Jattari-202137, P.S. Tappal District-Aligarh Sub: - Legal Notice under Section 138 of the Negotiable Instruments Act, 1881 as amended up to date for payment of Cheque Dishonoured due to insufficient funds Dear Sir, Under instructions and authority from our client M/S Aura Power Aligarh , a registered proprietorship Firm having Registered office at 3/104 Marris Road, Aligarh -202001,U. P. ,through its Sole Proprietor Mr. Shivank Garg S/o Shri Rakesh Garg, I serve upon you the following notice of demand under Section 138 of the Negotiable Instruments Act, 1881: 1. That My client had supplied you Batteries and UPS of Kevin Power Solutions Ltd as per your order as and when you have demanded on various occasions . On 1912-2012 total amount due of my client upon you noticee was of Rs. 78,630/(Seventy Eight Thousand Six Hundred Thirty Rupees). On 20.12.2012 out of such Rs. 78,630/- you notice have paid Rs. 10000/- in cash and promise to pay another Rs. 18630/- in cash within a month, further in respect of remaining due balance amount of Rs. 50000/- of my client you have issued a post dated cheque of Central Bank Of India, Jattari Branch, Aligarh of Rs. 50000/- (Rupees fifty thousand ) bearing no. 010412 dated 27-07-2013 of your Firm’s account in name of M/s.

Rawat Advocates & Legal Consultants Rakesh Electricals & Gift Center and assured for payment of said post dated cheque on presentation on its due date mentioned on cheque . 2. That when My client relying on your assurance presented said cheque bearing 010412 of Central Bank Of India, Jattari Branch, Aligarh on 09-09-2013 within period of its validity before his Bankers, Corporation Bank, Aligarh Branch but same was returned unpaid to my client by its bankers on 11-09-2013 along with Return Memo dated 10-09-2013 with the remarks/reasons “Funds Insufficient”. 3. That in spite of number of telephonic, verbal reminder by My client and by the representatives of My client regarding dishonour of aforesaid cheque and for payment of amount due under aforesaid cheque, you have categorically refused to make the payment of amount Rs. 50000/- as mentioned in said cheque and further also refused to make the payment of remaining Rs. 18,630/-i.e. in respect of which you have promised to make payment in cash within a month . 4. That on account of non payment of aforesaid cheque amount , you are liable to be prosecuted under section 138 of the Negotiable Instrument Act, 1881 as amended upto date under which you are liable to be punished with imprisonment which may extend to two year or with fine which may extend to twice the amount of cheque or with both. Under the circumstances, we call upon you to make the payment of Rs. 50000/(Fifty Thousand Rupees) being the principal amount of the aforesaid cheque along with Rs. 18,630/- and to pay Rs. 2500/- as cost of this notice in form of legal advisory and expenses incurred by my client within a period of 15 (Fifteen) days from the date of receipt of this notice by pay order or bank draft or in cash, failing which we will be constrained to take further necessary legal action under the provisions of Negotiable Instrument Act, 1881 and other laws for time being in force against you in the competent court of law at your risk and cost. This is without prejudice to all other legal rights and remedies available to our client for the above-stated purpose. Kindly take notice. Yours faithfully,

Deepak Chaudhary Advocate Civil Court, Aligarh Rawat Advocates & Legal Consultants Office : D-133, Ramesh Vihar, Ramghat Road,

Rawat Advocates & Legal Consultants Aligarh-202001, U. P. Contact- 09456235174, 0571-2741981 E mail: [email protected]