Speed Post/SMS/Email

Date: 18.12.2021.
To
Mr. Rajesh Sahni
Flat No. 103, Tower B-7,
Gardenia Glory
Sector-46, Noida
Gautam Budh Nagar-201301.
Ph. 9999782598.
Email: [email protected].

Subject: Legal Notice for Demand of Money/amount of

Dishonoured Cheque bearing No.: 000048 dated
21.09.2021 for Rs. 1,16,000/-

All the Noticees

I Rajesh Agrawal Son of Sh. Suresh Chandra Resident of D1/18,

Janakpuri, New Delhi-110058 hereby serve upon you the following
Statutory Notice under section 138 of Negotiable Instruments Act:

1. That I am the owner of Flat No. 103, Tower-B-7, Gardenia Glory,

Sector-46, Noida, Distt. Gautam Budh Nagar 201301.

2. That you the addressee No.1 approach me and requested to

give the above-mentioned Flat to you on lease basis and after
negotiation, it has been agreed that you will take the above-
mentioned flat on lease for 11 months for lease rent of Rs.
18,500/- [ Rupees Eighteen Thousand Five Hundred only] per
month.

3. That you executed a Lease Deed dated 31.08.2020 with the

undersigned and have taken the Flat No. B7/103 for rent for 11
months from 01.09.2020 to 31.07.2021.

4. That some of the terms of the Agreement dated 31 st day of

August 2020 duly executed by me and you are reproduced
below:

1. That the Lessor is the owner of Flat No. B-7/013, First Floor,
Gardenia Glory, Sector-46, NOIDA, Distt. Gautam Budh
 Nagar on First Floor consisting of Three Bed Rooms,
Drawing-cum-Dining Room, Kitchen, two Toilet-cum-
Bathroom and four balconies with all fittings and fixtures the
details of which is set out in Schedule-I of this agreement
hereinafter referred as "Leased Premises".
2. That the Lessor has agreed to let and Lessee has agreed to
take on lease the said Leased Premises on monthly lease
rent of Rs.18,500/- (Rupees Eighteen Thousand Five
Hundred only) from 1st September 2020.
3. That the monthly lease rent of Rs.18,500/- (Rupees Eighteen
Thousand Five Hundred Only) shall be paid in advance by the
Lessee to the Lessor by cash or cheque on or before 1 st day
of each English Calendar month.
4. That the lease is for specific period of 11 months commencing
from 01.09.2020 and ending on 31.07.2021 on expiry of which
the lease stands terminated automatically, which may be
renewed by increased in lease rent of 10% in writing on
mutual negotiable terms and conditions for further period of
11 months.
5. The Lessee shall also pay a sum of Rupees 37,000/- (Rupees
Thirty-Seven Thousand only) by cash or cheque towards the
interest free security deposit, which is refundable within 30
days from the date of peaceful and vacant possession was
handed over back to the Lessor by the Lessee after deducting
dues, if any, towards electricity, water and RWA charges etc.
that may be in pipeline at the time of vacation of the premises.
6. That the Lessee shall pay the charges for consumption of
electricity and water regularly to the concerned
authorities/builder/ RWA as per the bills received including
penalty if any levied for late payment of the bills under
intimation in writing to the Lessor retaining photocopies of
such paid bills and shall hand over the original bills along with
receipt to the Lessor within reasonable time after payment of
such bills.
7. That the Lessee shall use the said premises for his residential
purposes for himself and members of his family/friends and
no one else.
8. That the Lessee shall pay proportionate maintenance
charges, (which is at present is Rs.3,982/- p.m.) for common
services provided by the residents jointly, directly to the
Residents Welfare Association/Builders against valid
discharges thereof under intimation in writing to the Lessors
and pass on the paid receipts to the Lessors.
17. That if the Lessee fails to pay the monthly rent to the Lessor
as hereby agree upon in time, this Agreement shall be
terminated/ cancelled automatically and the Lessee will have
no right/ claim against the Lessor. The security amount paid
under clause would stand forfeited to cover the rent and
expenses.
 20. If the lessee fails to deliver the vacant & peaceful to the lessor
at the expiry of the period of the lease agreement as
mentioned in clause 4 above, Lessee shall be liable to pay
the twice of the lease rent as penalty for wrongful possession
of the said flat.

5. That accordingly, you had taken the possession of the said Flat/
premises on 1st September 2020 by paying the one-month rent.
And you requested for some more time to deposit the 2 months
security deposit due to lack of business and due to Covid-19.
Considering your requested I have agreed. But you failed to
deposit the initial security deposit amount for two months till
date.

6. That you had initially paid the rent but you stopped paying the
rent and requested some more time to pay the balance rent and
security deposit. Thereafter you paid the rent till December 2020
but failed to pay towards the security deposit and pay the
electricity and maintenance charges to the builder/ society.
Thereafter huge dues are pending upon you. As on date the
followings amounts are due:

Towards lease rent

from January 2021 to December 2021.
[Rs. 2,22,000/- minus Rs.25000/-]. : Rs. 1,97,000/-
Towards Security deposit : Rs. 37,000/-
Towards electricity & Maintenance
[till Nov. 30, 2021] : Rs. 86707/-
Towards penalty for wrongful possession
[From August 2021 to December 2021]. : Rs. 1,85,000/-

Total : Rs. 5,05,707/-

7. That as per of the Lease Deed dated 31 st August 2020, you were
liable to vacate the premises on 31 st July 2021 and handover the
peaceful vacant possession of the demise premises on that date.
But you failed to vacate the premises and handover the peaceful
vacant possession of the same to me despite repeated requests.

8. That in the month of September, 2021 you have issued cheque

no. 000048 dated 21.09.2021 for Rs. 1,16,000/- drawn on Kotak
Mahindra Bank, Noida payable at New Delhi in favour of me
 towards the part discharge of your liability.

9. That I presented the cheque No. 000048 dated 21.09.2021 for

Rs. 1,16,000/- for presentation in the month of September 2021,
but the same was dishonored due to fund insufficient. Thereafter,
I contacted you then you requested some more time and
assured me to clear all the dues within a month and further you
again seek some more time. And after much perusing you have
transfer only Rs. 25,000/- to me and failed to pay the rest of dues
and continued to seek extension of time. While your dues
continued to increase month by month.

10. That in order to lure me further, you have also issued two other
cheques towards your admitted liability towards rent, security
deposit, maintenance charges and electricity and also promised
to vacate the said premises as early as possible and latest by
December 2021. The details of which are as under: -

000046 01.12.2021 87,000/-

000047 16.12.2021 80,000/-
At the time of issuing both the cheques you assured me that all
the three cheques issued by me would be encashed on
presentation.

11. That in order to realize my genuine dues from you, I again

presented the said cheque bearing no. 0000048 dated
21.09.2021 with my bank i.e. ICICI Bank, Jor Bagh Market, New
Delhi – 110003 on 16.12.2021.

12. But as expected the same was bounced/ dishonored by your

bank due to the reason ‘Fund Insufficient’, and my bank send
me the message/email and cheque dishonor memo dated
17.12.2021, which was delivered to me on 22.12.2021.

13. That I contacted you the notice and informed about the dishonor
of the cheque, but realized that you the noticee issued the
cheque with dishonest and malafide intention as you were not
having any intention to get this cheque cleared.
14. That you the Noticee have complete knowledge of the fact that
you the Noticee did not have sufficient funds/arrangement in/with
your Bank Account for honoring the said cheque. You the
noticee were having malafide intention from the beginning and at
the time of issuing the cheque in favour of me. Your acts are
clearly evident of dishonest intention of you the addressee and to
deprive me of the legitimate amount due from you.

15. That I though phone calls, messages and emails is continuously

remind you to pay the rent, security deposit, maintenance
charges and electricity charges continuously and you
continuously making false promises willingly and knowingly and
you failed to honor all your promises as you were having
intention to deceive and cheat me from the beginning.

16. That you the noticee promised to vacate the said premises as
early as possible and latest by December 2021. But in fact, you
have malafide intention from the inception to deceive me and
cheat me from the very beginning. Thus, you have committed
criminal offences of criminal breach of trust, misappropriating the
rightful benefit belongs to me and have not paid the electricity
and maintenance charges which is a wrongful loss to me and
wrongful gain to you. Thus, you are liable to be prosecuted and
punished for criminal act of deceiving, cheating, criminal breach
of trust and misappropriating the funds and services with a
conspiracy from the beginning. I reserve my right to take
appropriate legal actions in the times to come.

Therefore, in the aforesaid circumstances, through this legal

notice, I call upon you to the noticee to pay a sum of Rs.
1,16,000/- (Rupees One Lacs Sixteen Thousand only) to me on
account of dishonor the Cheque bearing no. 000048 dated
21.09.2021 for Rs. 1,16,000/- issued by you towards the part
discharge of your admitted legal liability within 15 days of receipt
of this Legal demand Notice under Section 138 of Negotiable
Instruments Act, 1881, failing which you the Noticee commit an
offence under Section 138 of Negotiable Instruments Act,
1881 and liable to be punished accordingly.

That you are also call upon to vacate the premises and handover
the peaceful vacant possession to me at the earliest within 15
days as you are occupying the premises illegally.
 Please note that I will initiate the following proceedings against
you the Noticee: -

(a) Under section 138 read with Section 142 of the Negotiable
Instruments Act,1881 as amended till date;
(b) and initiate Criminal proceedings against you the Noticee before
in an appropriate Criminal Court as a prima-facie case for
criminal breach of trust, deceiving and cheating under Section
406 IPC and cheating under Section 420 IPC exists against you
the Noticee.
(c) To file appropriate case for vacations of the above premises.

This notice has been issued without pre-judice to my other rights to

claim and recover Rent, Damages (Including Electricity and
Maintenance Charges), Mesne Profit, and further other expenses and
interest from you.

I further call upon you the Noticee to make payment of Rs. 11,000/-
(Rupees Eleven Thousand Only) towards the cost of this statutory
Legal Notice.

I further state that no concession or cooperation shall be provided to

you at all as you have totally misused the same on all earlier
occasions.

NOTE: A copy of this notice is being retained in my office for

record and further reference

Rajesh Agrawal
Advocate