Delhi
Dated: …..
Executant
Mr.Nnn, aged … yrs, son of late Sh. Ppp
Father of the Prosecutrix Kumari qqq
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Notice to alleged Economic Offenders
At another chapter of this Book, it is explained that, FIR should be filed at the Local Police Station of the Accused or place of incidence and the Special Cells or Crime Branch can take cognizance only after regular FIR. During investigation, it can arrest more accused persons, but it donot have the jurisdiction to commence an investigation. This Note is made here, because, offenders also have knowledge of this Law, thus merely by marking copies to Economic Offence Wing, no fear can be generated in the mind of Accused persons.
Similarly, for Rich men’s grievances, the Legal Aid Cells do not give legal assistance. When Contractual Obligations are to be proved, the PIL is also entertained for single person. Thus do not waste your money by marking a copy to the High Court or any other Court.
However, in the second round, a complaint can be send to MRTP/ Competition Commission, to intitiate suo-moto action for Unfair Trade Practices.
Only when your Legal Notice send by Registered/ Speed Post will be neglected, the Cause of Action arise, either to give Criminal Complaint or civil Suit, thus at the intial stage, better give letter only to Accused persons. – Author.
Question:- Your client want to write a letter directly to the Property Developers, with certain complaints. Write the Complaint:-
To
1. M/s aaa Properties Pvt Ltd. Address:- …..
2. Shri bbb,
Director, M/s aaa Properties Pvt Ltd. Address:- …..
Sir,
1. My name is Mr.ccc, aged… yrs, son of Mr.ddd, resident of …; and you are a director of the above said pvt. Ltd company, and are engaged in the business of construction and development of real estate, You addressee no. 1 introduced your-self as a builder and informed public at large by your advertisement in news paper, that you are developing a group housing project in name of “Pahadi Heights” at plot no…., located at the Khasra Number or Survey Number…. at Uttarakhand.
2. That in pursuance & acting upon your assurance & representations I had booked a two bed room flat in the above mentioned group housing project, vide application no. …. dated 27th feb. 2006 and was allotted a flat no. ….
3. That on 14-9-2007 You mislead me with assurance that if I reshuffle my existing allotment from … to…, possession of this flat will be given on earlier date than the possession of …. and the same will be in a better location than the old location i.e. ….
4. On your assurance I also made payment detailed as under:
(a) pre launch 1-3-2006 1,50,000-00
(b) 1st inst. 7-4-2006 1,48,500-00
(c) 2nd install 4-7-2006 1,47,000-00
(d) 3rd install 20-12-2006 74,500-00 ------------------
Total payment= 5,20,000-00
5. All the said payments were made as per you demand , beside the afore said payments I had also paid a sum of Rs. 1,75,875-00 towards preferential location charges as per your demand, for first floor and corner on 18-12-2007 vide receipt no. … dated …..
6. You at the time of booking had assured me that possession of the said flat would be delivered surely with in a period of 24 months from the date of the application ie. Oct. 2006, That since 2006 four years had passed and construction at the site had not yet started.
7. You, despite of several reminders and requests have not delivered the possession of the said flat for which you had committed, Rather after going on the spot, I came to know that even construction as not yet started and I have spent my hard earned savings.
8. I have visited your office so many times and also written letter on 29- 12-2007,20-5-2008, 9-6-2008, 28-1-2009, but all in vain. As per agreement in clause no. 5 (e) You are liable to pay 5 Rs. per Square feet per month for the period of delay In handing over then possession of flat. As per the agreement you were required to complete the construction and hand over the possession of flat in Oct. 2008. Asper agreement you are also entitled for grace period of three months for completion of construction which also expires on Jan. 2009 . Thereafter you are liable to pay Rs.5025-00(@ 5 Rs. per sq. ft. per month for 1005 sq. feet.) per month for the delay in handling over the possession.
9. I have now realized that all the assurances and representations made by you were false and had been made only with view to extort money from me.
10. I hereby request you to please let me know the exact status of the aforesaid flat booked by me with in 10 days from the date of receipt of this letter failing which I will be constrained to take civil Recovery Suit or criminal Complaint or both the actions against you and hand over this file to my advocate for further action.
Yours truly,
Mr. ccc.
Complainant In Person.
Copy to : Station House Officer, Police Station …. (where the payments were made).
Economic Offences Wing cell, Crime Branch, … Police.
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Mr.aaa, Advocate (Enrl No….) Address….
Place:- …..
Dated….
To,
Mr. bbb, aged… yrs, son of Mr.ccc, resident of….
NOTICE ABOUT DISHONOUR OF CHEQUE
NOTICE UNDER SECTION 138 NEGOTIABLE INSTRUMENTS ACT,
NOTICE ABOUT FILING OF CRIMINAL COMPLAINT UNDER ABOVE SECTION AND SECTION 420 OF THE IPC;
AND NOTICE ABOUT PRE-RECOVERY SUIT FILING TO RECOVER Rs…..
Sir,
1. As instructed by and on behalf of my client, Mr. ddd, aged… yrs, son of Mr.eee, resident of….; I am issuing this Legal Demand Notice to you.
2. My client instructs me to state that, he is a seller of Groceries on whole sale, mainly Basmati Rice. You are a retailer in Grocery items and you used to purchase goods from my client. Since the last 10 months both of you were having business dealings.
3. That always you used to make payments through Cheques, and never that used to be dishonoured. This credit worthiness continued for the each weekly purchases.
4. The last purchase had been done by you on date….., which is 15 days ago from today. My client issued Bill number…, which had been signed by you in person, in which the Cheque issued by you had been endorsed. You issued cheque No…, dated … for Rs….., payable at … Bank; which was presented on the next day itself for collection; within two days thereafter the Cheque was returned by the Banker of my client with Return Memo issued by your Banker, with the words: “Account closed”.
5. My client instructs me to state that, the said dishonour had caused a lot of shock, agony, depression etc in his mind; being he wanted that money to pay to his suppliers. Besides that, issuing cheque from a Closed Account is an offence under Section 138 of the Negotiable Instruments Act.
6. On the next day itself, my client personally visited your shop, which he found closed and locked. Other shop-keepers told their ignorance about you. It means, the purchasings had been done by you, when you had already closed the shop and account, with an intention to defraud, to make illegal gain for you and illegal loss for my client; for an amount to Rs…. (Rupees….).
7. My client instructs me to state that, unless you will repay the entire amount Rs…, Bankers charges for dishonour of Cheque Rs…., and Rs…. towards charges of this Legal Notice, he will file Private Criminal Complaint at the Competent Criminal Court under Section 138 of the Negotiable Instruments Act and Section 420 of the IPC, read with section 200 of the Criminal Procedure Code, 1973. This should be done by you within … days of the receiptance of this Legal Demand Notice. He also will file Civil Recovery Suit for the Recovery of the above said amount. He instructs me to state that, these litigations will be filed at your costs and expenses.
(NOTE:- Legal Demand Notice period had been amended in the past and is bound to be amended again. Thus in a Book about Pleadings, writing exact notice period may create confusion, and it is adviced to read Bare Act with latest amendment, to know the correct notice period – Author).
Read out and accepted correct.
Sd/- Client.
Thanking You,
Yours faithfully,
Sd/-
Mr.aaa, Advocate
Enclosures:- (In the Advocate Notice stage, normally no Documents are kept. However, it is always adviceable to keep attested true copy of all the documents, for a reliable and early justice – Author). Attested copy of: Bill, Cheque and Dishonour Memo issued by the Bank.
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Mr.aaa, Advocate (Enrl No….) Address….
Place:- …..
Dated….
To,
Mr. bbb, Advocate, Address ….
Dated: 30.11.2009
Sub: Reply to Notice Under Section 138 of The Negotiable Instrument Act .
Your notice dated 20-11-2009, sent by you on behalf of M/s Hhh India Ltd. to my client M/S Sss & Co. has been placed in my hands and with instructions to reply thereto as under:
Preliminary Submissions:-
(Note:- An Advocate is getting Advocate Licence from the Bar Council to obtain Instructions from his client and present his case, thus he need not be told as to what is the correct Instructions his client ought to have given. Thus the following beginning, eventhough may have no negative impact in Advocate Practice, will not score good marks from Examination point of view: ‘It appears That your clients M/s Hhh India Limited at address…. have not given you complete and correct instructions regarding status of cheque no. 912475 dated 21-10-2009 amounting to Rs. 1,00,500.50/-‘).
A. My client instructs me to state that, the above said cheque was given to your clients as a security along with two other blank cheques bearing no 912473, 912474, under the agreement entered into between your clients and my client on 20-6-2008. The said cheques were not given / handed over to your client in discharge of any legally enforceable debt but were handed over to your client as a security on 20-6-2008 and your client with malafide intention wrongly misused and presented the above said cheque and has committed criminal breach of trust. It is stated that my client had informed your person Sh. … about closure of the bank account with a request to return all the above said three cheques and your client assured my client, to return the said cheques, however your client with dishonest and malafide intention did not return the cheques and misused the same.
Para wise Reply:-
5. In reply to para 5 it is vehemently denied that intention of my client was to cheat your client and after issuance of the said cheque had got the same deliberately dishonored for the malafide reasons. It is further denied that my client had issued the said cheque in discharge of any debt/liability towards your client or that my client knowingly and willingly practiced a fraud on your client, It is already submitted that the above said cheques were given/handed over to your client as a security. More over my client is not liable for the offence punishable under sections 138 & 142 if Negotiable Instruments Act . It is further stated that your client has concealed material facts.
In view of the above said reasons explained and under the instructions of my client I hereby call upon you to withdraw your notice of demand U/S 138 of Negotiable Instruments Act for Rs. 1,00,500.50/- dated 20-11-2009, Your client may be well advised to return the other two above stated cheques which were given blank to your client on dated 12-6-2008 under the agreement entered in to with your client and my client. , it is hereby advised to further direct your client not to initiate the frivolous litigation and return the above said cheques failing which my client will be constrained to take action available in the Courts of law against your client at your client’s risk as to cost and demand.
Read out and accepted correct.
Sd/- Client.
Thanking You,
Yours faithfully,
Sd/-
Mr.aaa, Advocate
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IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE:
TIS HAZARI COURTS: DELHI
COMPLAINT CASE NO. ……….. OF 2009
IN THE MATTER OF:
Yyy
…… COMPLAINANT
VERSUS
Sss
…… ACCUSED