Draft of Legal Notice U/S 318 Bns Act, 2023

BY SPEED POST/ COURIER/ WHATSAPP

Dated: ______

To, 

Xyz pvt. Ltd. 

Abc, pune (Address) 

Also through whatsapp:- 

Sub: Legal Notice of Demand

Sir, 

Under instructions from and on behalf of our client ______ having its office at _____, through its Proprietor/ Director/ Authorized Person Sh. _____ (hereinafter referred to as “Our Client”), we are hereby constrained to effectuate the following legal notice upon you which reads as under: – 

1. That our client is a Private Limited Company/ Public Company/ HUF having its office at _________________ and is engaged in the business of ________ (hereinafter referred to as “goods”). Needless to say that our client enjoys credible market value & reputation which it has earned over a period of time owing to its highly professional and unquestionable business ethics. 
2. That you the Addressee approached our client with a request for seeking ________. Wherein you the addressee had represented yourself as the Proprietor/ Director/Authorised Person of the Addressee Company/ Proprietorship/HUF/ LLP and further represented that the addressee is a successful and renowned company primarily dealing in the business of ______. 
3. It was further represented by you the Addressee that if our client supplied goods to you, then the payment against such supplies would be made by you with immediate effect at the time of delivery of goods, on receipt of the invoices, without any failure and/or default. It would be pertinent to mention here that prior to commencing business with our client, you the Addressee had repeatedly assured our client of your sound financial capabilities and means to honor the financial obligation due towards our client. 
4. Thus, believing the representations and assurances as made by you the Addressee to be true and correct, our client agreed to enter into business dealings with you the addressee and supplied goods to you from time to time vide GST applicable invoices, delivery of which were duly obtained by you the Addressee well in order without any protest or complaints. 
5. It would be pertinent to mention here that after having received the goods from our client, you the Addressee, defaulted in making timely payment to our client and repeatedly kept of delaying our client of its legitimate dues on one or the other sham and evasive pretexts. It is pertinent to mention that as per statement of account as duly maintained by our client in due course of its business a sum of Rs. ________________/- remained unpaid against you. 
6. That however despite having received the goods from our client well within time, you the Addressee deliberately did not remit the legitimate dues of our client and further kept on delaying our client on one or the other sham, false and evasive pretext. The said act on part of you the Addressee is suggestive of the fact that you had dishonest and fraudulent intentions of duping and defrauding our client since the very inception, wherein you the Addressee never intended to pay or remit the legitimate dues of our client and procured the goods in a dishonest and fraudulent manner from our client without actually intending to pay for the same, thereby resultantly cheating, defrauding and duping our client of huge sums of money, resultantly causing wrongful gains to yourself and wrongful loss to our client; therefore, you have committed an offence punishable under section 318 BNS Act, 2023 and you are liable to be punished and prosecuted in this behalf. 
7. That it is apparent from your conduct that you the Addressee had malafide and dishonest intention from the very beginning and in pursuance of such fraudulent intention you the Addressee induced and misrepresented our client to falsely obtain the delivery of goods, whereas in reality you never intended to pay our client for the same. Moreover, you the Addressee have sold the goods obtained by you from our client in the open market and pocketed the entire sale proceeds without paying the legitimate dues of our client. 
8. That our client was induced to believe that you the Addressee would honor the obligations due towards our client, however you purposefully and deliberately failed to do so, as you had dishonest intentions of cheating our client since the very inception. Therefore, you have committed an offence u/s 318 BNS against our client. 

We therefore, finally call upon you to please remit Rs. _____/- being the total amount outstanding besides interest at the rate of _____ per cent per annum and other incidental charges forthwith within 7 days from the date of receiving this legal notice at our client’s office, failing which an appropriate legal action(s), shall be taken against you at your entire risk as to cost and consequences, which please note. 

Also please remit Rs. 41,000/- as the cost of this notice. A copy of this legal notice is retained in our office for further action. 

Yours Sincerely, 

(Advocate’s name and signature)