SAMPLE FORMAT FOR THE REPLY TO THE NOTICE U/S 138 NI ACT

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Sample Format for Reply to Notice under Section 138 NI Act

Sample Format for the Reply to the Notice U/S 138 NI Act

Sample Format – Reply to Legal Notice under Section 138 NI Act

Dear Sir,

I respectfully submit the following:

The applicant had borrowed a sum of Rs.__________/- (Rupees ____________ only), for business purposes, disbursed on _________, and issued several blank cheques, including cheque numbers _______, _______, _______, _______, as part of the pre-disbursement conditions specified in the loan documents. Importantly, these cheques were undated and devoid of any specified amounts.
One of these undated blank cheques, bearing cheque number _______, was presented to the bank without prior intimation to the applicant. Additionally, the amount filled in the cheque was not legally recoverable at the time of its presentation. Therefore, the applicant cannot be held liable for the amount mentioned in the cheque.
The loan's maturity date is _________. The statement of account used for calculating the amount owed is as of ________, while the date of dishonor of the cheque is _________. As of the date of the cheque's presentation, the total loan amount had not yet become legally recoverable.
The Supreme Court of India in Sampelly Satyanarayan Rao vs. Indian Renewable Energy (19 September 2016) clarified that Section 138 of the NI Act is applicable only if, on the date the cheque was issued, a legally enforceable debt existed.
The applicant has faced severe financial hardship due to substantial business losses amounting to nearly ______ lakhs. Despite challenges, 11 out of 24 EMIs totaling Rs.__________/- have been paid. Financial difficulty does not equate to fraudulent intent.
The undated and blank cheque bearing cheque number _______, was provided solely as a security measure prior to disbursement. It was not issued in discharge of an existing legally enforceable liability. Consequently, invoking Section 138 is legally unsustainable.
It appears that legal provisions are being used to exert pressure under the threat of prosecution under Section 138 of the Negotiable Instruments Act, 1881.
In Ramakrishna Urban Cooperative Credit Society Ltd. v. Rajendra Bhagchand Warma, the Bombay High Court emphasized that blank or post-dated cheques obtained as security should not be misused to compel repayment.
In M/s Barclays Bank v/s Mr. Gupta, the Delhi Court clarified that Section 138 aims to instill confidence in negotiable instruments and not convert them into recovery tools when obtained as security.
Considering the above legal position and the applicant's financial circumstances, the applicant is not liable for the amount mentioned in the dishonored cheque. It is advised not to misuse cheque number _______, and its return along with the bank memo is requested. Constructive dialogue for settlement is encouraged.