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FORM OF A NOTICE TO THE DRAWER

Form of a notice to the drawer

 

To

Mr??????????..

???????????..

???????????.

 

Dear Sir,

 

On behalf of our Client, M/s?????????.. having their registered office at?????.. we have to serve you with the following legal notice under section 138 (read with section 141 in case of a company) of the Negotiable Instruments Act, 1881.

 

Our client states that you had placed an orders dated????.. to buy electronic goods from our client, and  as per your order our client sold, supplied and delivered  the goods as per your instructions to your?????? (Office) on?????.. and the delivery challans were signed by you in token of having received the goods.

 

OR

 

Upon request made by you our clients lent you Rs???????. (Rupees??????.) on???. receipt of which you acknowledged the debt vide your Receipt No????? dated????. giving details about the debt, interest and payment thereof at appropriate future date.

 

1. To fulfill your liability towards supply of goods/payment of debt, you issued a cheque  No????. dated ????. drawn on?????? (Bank) for Rs?????? in our clients favour.

 

The said cheque was presented in our clients bank on ??????????. upon inquire regarding honour of the said cheque, our client shocked and surprised that said cheque was return unpaid by your bank along with Bank Memo dated????.., for the reason ?refer to drawer?

 

2. Under the circumstances, we hereby called upon you to make payment to our client an amount of Rs????.. covered under dishonoured cheque within 15 days of receipt hereof, failing which,  we shall be constrained to take legal action against you under the provisions of sections 138 to 142 of the Negotiable Instruments Act, 1881 at your entire cost and consequence which you please note.

 

Yours truly

 

ADVOCATE

 

GUIDELINE

A "Notice to the Drawer" is a formal written communication typically used in banking and financial matters when you need to inform the issuer or drawer of a cheque about a particular issue or request action. Here's a brief guideline on its use and common mistakes to avoid:

Usage:

Identify the Issue: Determine the specific reason for sending the notice, whether it's regarding a dishonored cheque, an overdue payment, or any other financial matter.

Clear and Concise Language: Use clear, straightforward language to ensure the recipient understands the purpose and urgency of the notice.

Include Key Details: Provide essential details such as the cheque number, transaction date, and amount, if applicable.

Specify the Action Required: Clearly state what action you expect the drawer to take and any associated deadlines.

Polite and Professional Tone: Maintain a respectful and professional tone throughout the notice, even if the matter is contentious.

Common Mistakes to Avoid:

Lack of Clarity: Ensure the notice is easy to understand, avoiding jargon or vague language that could lead to misunderstandings.

Inaccurate Information: Verify all details, including cheque numbers and dates, to prevent errors that could impact the resolution of the issue.

Failure to Address the Recipient: Begin with an appropriate salutation and address the recipient by name or title if known.

Unrealistic Demands: Request a reasonable and achievable course of action in your notice.

Omitting Contact Information: Include your contact details, such as phone number or email, in case the recipient needs to reach out for clarification.

Neglecting Proofreading: Carefully proofread the notice to catch errors in grammar, spelling, or punctuation.

A well-drafted notice to the drawer is essential for effective communication in financial matters. Ensuring clarity, professionalism, and accuracy in your notice will enhance your chances of achieving the desired outcome while avoiding potential misunderstandings or disputes.

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