Legal notice for check dishonour case under Section 138 and 140 of the Negotiable Instruments Act, 1881
Ref: ALO.legalnotice.2024.09.30.1
Date: 30/09/2024 A.D
Legal Notice
With registered A/D
Notice under Section 138 and 140 of the Negotiable Instruments Act, 1881.
To,
- Shamiul Alam,
S/o: Late Aktar Hossain,
Chairman & Managing Director,
HYPER BUILDERS LTD
Hyperion Crystal Pearl/Hyperion Tower
House- 1015, Road- 9, Main Road,
Mirpur DOHS, Dhaka.
Mobile No:
- Abdus Salam Mia,
Then Marketing Executive, HYPER BUILDERS LTD.
House- 1015, Road- 9, Main Road, Mirpur DOHS, Dhaka.
Present Deputy Manager (Sales & Marketing),
BHILA HOTELS & RESORTS,
Nabil house, House-09 (3rd to 7th Floor),
Road-317, Block-D, Banani, Dhaka-1213
Mobile No:
—————— Notice Receivers
From: Muhammad Mohiuddin,
Advocate, District & Session Court, Dhaka
16, Koilashghosh Lane (Shakharibazar),
Dhaka Judge Court, Kotwali, Dhaka-1100
Mobile No: 01711-068609
——————Notice Giver.
For and on behalf of:
Lutfor Rahman Molla,
S/o Md: Habibur Rahman Molla,
Jamuna Spacetech Joint Venture Limited,
100, Rupayon Golden Age (House: 2nd floor),
Gulshan Avenue, Gulshan, Dhaka.
Subject: Notice under section 138(b) of the Negotiable Instruments Act, 1881 for payment of Tk 2,50,000/- covered by Cheque No. CA 0150996 dated 21/05/2024 and CA 0150997 dated 27/06/2024 of Bank Alfalah issued by you, the Notice Receiver no. 1 on behalf of HYPER BUILDERS LIMITED as well as Tk 2,72,500/- in favour of my above mentioned client.
Dear Sir,
I, being instructed by my above mentioned client, Mr. Lutfor Raihan Khan, hereby give you this notice as under:
- That you, the Notice Receiver 2,on behalf of Notice Receiver no. 1, proposed to my client to sell two ownership/shares of under construction 3 (three) star valued hotel named “Hyper Hotel Sun Coast Ltd” and “Hyper Crystal Pearl” described in the schedule-A and schedule-B respectively below at a cost of Tk 1,25,000/- (Taka one lac twenty five thousand only) per ownership/share and my client was agreed to your proposal as you enticed him.
- That you, the Notice Receiver 1, as the price of two ownership/shares no. 1379 & 1380 of “Hyper Hotel Sun Coast Ltd” received Tk 2,50,000/- (Taka two lac fifty thousand only) from my client on 22/12/2018 A.D through Bank cheque and also provided two money receipts at the same time completed a sales agreement named “থ্রি-স্টার হোটেলের শেয়ার/ মালিকানা (আংশিদারীত্ব) বিক্রয় চুক্তি” at 22/12/2018 A.D with my client described in the schedule-A below and both of you, the Notice Receiver no. 1 and my client signed on the sales agreement on 22/12/2018 A.D.
- That you, the Notice Receiver 1, shift the both ownership/shares of my client to your another project named “Hyper Crystal Pearl” in schedule-B through another sales agreement named “৯ তলা বিশিষ্ট হোটেলের কক্ষ মালিকানা বিক্রয় চুক্তি” at 13/12/2020 A.D and both of you, the Notice Receiver no. 1 and my client signed on the sales agreement on 13/12/2020 A.D.
- That you, the Notice Receiver 1, as security and to set off the liability, issued the following bank cheque of Tk 2,50,000/- (two lac fifty thousand) to my client:
| A/C Number | A/C Name | Cheque No. | Date of Cheque | Bank | Amount |
| 5701-2500059276 | HYPERION BUILDERS LIMITED | CA 0150996 | 21/05/2024 | Bank Alfalah | 1,25,000/- |
| 5701-2500059276 | HYPERION BUILDERS LIMITED | CA 0150997 | 27/06/2024 | Bank Alfalah | 1,25,000/- |
| Total =2,50,000/-
(In word: Taka two lac fifty thousand only) |
|||||
- That you, the Notice Receiver 1, are compelled to pay Tk 1250/- (One thousand two hundred fifty) as honourium per month for each ownership/share from January 2019 A.D till hand over the ownership/share to my client according to the sales agreement mentioned above. As such, my client will get more 1,42,500/- (Taka one lac forty two thousand five hundred only) till now which will be increased in the course of time as mentioned in the contract deed. Details shown below:
| Contract & Date | Monthly honourium | Total month due | Due Amount (Tk) |
| “৯ তলা বিশিষ্ট হোটেলের কক্ষ মালিকানা বিক্রয় চুক্তি” | 1250+1250
=2500/- |
Jan 2019 to Sept 2024
= 69 months |
2500 X 69
=1,72,500/- |
In word: Taka one lac seventy two thousand five hundred only.
- That on 04/09/2024 my client submitted the above mentioned both bank cheques to the Islami Bank Bangladesh PLC, Dilkusha Branch, Dhaka for encashment. Both the Cheques have been dishonoured by the Bank along with two dishonour slips encrypting a note “insufficient fund.”
- That as the both bank cheques issued by you have been dishonoured by your Bank and you, the notice receiver 1 are hereby given this notice under section 138(b) of the Negotiable Instruments Act, 1881 and requested to pay my client the total value of the dishonoured cheques amounting to Tk. 2,50,000.00 (Taka two lac fifty thousand only) as well as Tk 1,72,500/- (Taka one lac seventy two thousand five hundred only) according to the contract deed as mentioned above.
- Therefore, in view of the above circumstances, I call upon you by this notice and request you to pay my client Tk. 2,50,000.00 (Taka two lac fifty thousand only) and Tk 1,72,500/- (Taka one lac seventy two thousand five hundred only) within 30 (thirty) days of this notice. In the event of failure, I have got clear instruction from my client to take necessary criminal action under section 138/140 of the Negotiable Instruments Act, 1881. In this event you shall be liable for all the costs and consequences thereof.
A copy of this notice is retained in my chamber for further use and future reference.
Schedule-A
The amount of land is more or less 10 khata, the land is located in Jhilongja Mauza J.L. No. 17, R.S Dag- 8405 (partial), 9063 (partial), 9064 (partial), 8406 (partial), 9255 (partial), 210 (partial). According to Bangladesh Survey B.S Khatian No-6, B.S. Dag No-20146 Mutation Case No-2233, Dated- 24/07/2008. Plot No-23 and Plot No-24, Block-B, Saikat Residential Area, Cox’s Bazar as per Noksha No-897/2/77/R.P.D dated 07.04.1977 of Cox’s Bazar Land Office.
Schedule-B
The size of the land is more or less 7.5 khata, the land is located at Jhilongja Mauza J.L. No. 17, R.S. Dag No- 251 (part), 248 (part), 249 (part), 250 (part), 247 (part). According to Bangladesh Survey B.S Khatian No-7155, B.S. Dag No-20155 Mutation Case No-297/2008, Dated- 22/07/2009. Plot No- 48, Block-C, Saikat Residential Area, Cox’s Bazar as per Noksha No-897/2/77/R.P.D dated 07.04.1977 of Cox’s Bazar Land Office.
Yours sincerely,
Advocate
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