DRAFTING LEGAL NOTICE

What is a legal notice?

A legal notice is formal written correspondence between both the parties. The sender

shall, by means of a legal notice, notify the recipient of his intention to engage in

litigation against the accused/defendant. A legal notice also assists in making the

recipient notified of the sender's disputes. If he doesn't want a legal battle, it serves as

a last notification to the recipient to satisfy a certain requirement.

A legal notice is essentially a prerequisite for a party to have proper knowledge of the

legal processes concerning its rights and responsibilities or obligations. In many other

terms, it is a means to use a structure based by the courts to educate persons or entities

about an event. All of the facts and concerns raised in the request must include a legal

notice sent to an Accused/defendant. It is to notify the defendant of whatever he is

alleged of and a fair information is available to him the accused) to reply; to tell the

court whether he agrees or disagrees with the evidence found therein. A legal notice

is very important although with the simple receipt of a legal notice, the real problem

or conflict is solved in most situations. The magic of a Legal Notice is like that. An

individual describes his problems to an Advocate with his complaint.

The basic purpose of sending a Legal Notice is to remind the receiver about his acts

which knowingly or unknowingly have created a problem for an Advocates client. A

legal Notice is also a key, to file a case in the Honourable Courts. It is compulsory to

send a Legal Notice upon to the receiver. Once a Legal Notice is served, the receiver

will get a time frame of thirty days to respond to the Legal Notice he has received. The

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time frame will start from the date the Legal Notice was sent. Only after the expiry of

such period of thirty days, can a person with grievance file a Civil Suit against the

receiver of the Legal Notice.

The person sending the notice is called the sender and the person to whom the notice

is sent is called the addressee. A notice gives the addressee the opportunity to present

his side of the story in a friendly manner without resorting to court. A notice is served

only if it is delivered or refused by the addressee.

It is used in a wide variety of situations:

 It is used in Property disputes such as partition, eviction or issues relating to

possession of the property, rent dispute between landlord and tenant, removal

of tenant by landlords etc.

 In Consumer Redressal cases at Consumer courts, for example faulty product

or service is provided to a person he or she can send a legal notice to the

concerned person and ask him to rectify the deficiencies.

 Loan Defaulters cases, where the financial organisations such as Bank send legal

notice to the defaulters to initiate legal action. Under the Securitisation and

Reconstruction of Financial Assets and Enforcement of Securities Interest Act,

2002 (SARFAESI Act), the debt recovery proceedings begin by sending a legal

notice to the defaulters.

 Legal notices are commonly used in Cheque Dishonour cases. Cases under the

Negotiable Instruments Act: In case of dishonour of cheque, the aggrieved can

send a legal notice for recovery of payment.

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  Cases related to recovery of money at personal/individual level. The first step

in money recovery cases is sending a legal notice to the concerned person.

 It is a tool to save time and cost of litigation as it opens the door for the parties

to settle the matter through negotiation, mediation or arbitration.

Filing a legal notice

 A legal notice can be filed and drafted by the person himself or he can avail the

services of a lawyer.

 If a person avails services of a lawyer for drafting the notice, then the notice

should be typed on the lawyer’s letterhead.

 A legal notice should contain all the material facts of the case. It should have the

recipient’s name and address. The legal notice can be sent by the person himself

or his lawyer.

 In the legal notice, the cause of action for filing the suit must be mentioned. It

should also state all previous communications regarding the cause of action.

 The aggrieved party should give a reasonable time to the recipient to settle the

matter. The matter can be resolved by:

1. Addressing the grievances of the aggrieved party, or

2. Negotiating on the matter, or

3. Performance of the desired action by recipient.

 ·The notice is sent through Registered Advocate’s post. A copy of the notice is

kept by the sender or by his lawyer.

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Small yet Signiant pointer to be kept in mind

 The whole process of sending a Legal Notice through Registered Post/ Courier

can take around 5-7 working days.

 English is the generally accepted language of sending a Legal Notice in India.

 No documents or annexures are required to be sent along with the Legal Notice

to the other party.

 It is not mandatory to reply to a Legal Notice, but it is always advisable to reply

appropriately after consulting with an advocate. His writing skills and use of

legal language can create an impact on the receiver.

 The Supreme Court of India has recognized the Legal Notices sent through

WhatsApp, Telegram, E-mail, or Fax. The two blue ticks on WhatsApp signify

the receipt of the notice. The Bombay High Court, in the matter of SBI Cards

(P) Ltd. Vs. Rohit Jadhav, observed that if a person received a Legal Notice on

WhatsApp and he has opened it; it will be deemed that the Legal Notice is

served upon him.

 If the sender is aware of the recipient’s alternative address, it must also be

mentioned on the notice to ensure that the notice reaches him.

 There is no set format of a Legal Notice. It depends on the drafting skills and

command on the laws and language of the advocate.

 Where the notice is sent pursuant to a breach of a contract, it should be sent to

the address mentioned under the ‘Notices’ clause of the contract.

 The mode of dispatch (electronic or physical) must also be compliant with the

provisions of the contract between the parties.

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  The advocate’s fee to draft a Legal Notice can be as low as Rs. 1000 and can

even run into several lakhs depending upon the complexity involved in the

matter.

Importance of Filling a Legal Notice

 Certain situations may arise where you get confused about how to initiate legal

action in order to resolve your matter. The filing of a legal notice gives a new

beginning to your journey of litigation. Therefore it has various aspects in

which it is important:

 By sending legal notice it can give a clear intention on the part of the sender to

file a lawsuit for the purpose of resolving the issue to which the other party

might respond immediately to save oneself from court proceedings.

 A person can easily describe his grievance in a legal notice with the help of an

Advocate.

 Serving legal notice gives an opportunity to the receiver of the legal notice, that

is, the opposite party to resolve the issue cordially.

 It acts as a reminder for the receiver of the legal notice about the acts that have

intentionally or unintentionally created a problem for the sender.

Procedure to File Legal Notice

 You can draft the notice yourself or avail the services of a lawyer.

 The notice should be addressed to the person against whom you have the

grievances.

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  Mention the cause that compelled you to send the notice.

 Mention previous communications regarding the cause of notice.

 Offer the addressee a reasonable time say 30 days or 60 days to settle the matter

by negotiating and by performing the desired action.

 Give time in notice for either fulfilment of your demand or giving reply

 Sent it through a Registered AD post.

 Keep a copy of receipt from the post office as well as notice.

 You can personally send the legal notice without a lawyer but it is advised that

draft the notice meticulously, in such a way that it is not lengthy and contains

all the material contents related to the cause.

 Though every Legal-Notice can be legally sent through a person himself also–

but on the basis of experience ii is advisable that technical legal notice be

drafted by a lawyer.

 It is always advisable to keep the postal receipt after sending the legal

notice via speed post. The postal receipt and the tracking number act as

important and compulsory evidence while drafting the criminal complaint

(explained in another module). They are attached with the complaint as

Annexures. Even if the notice is not received by the accused/defendant, even

in that case the postal receipt and returned legal notice act as an important

tool while drafting the complaint which is submitted to the court to initiate

criminal proceedings against the accused.

(sample postal receipt of a legal notice)

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Another important thing is the DRAFTING OF THE NOTICE

Many times we do not know the legal importance and meaning of the usual words

which we use in a casual manner — So when you are writing down the legal-notice

than you should be extremely careful about each and every word that you use and be

cautious about not admitting any fact which you may later on want to deny in court

of law as once the legal notice is dispatched than you cannot make any changes in that

and later on also you cannot make any contradictory statement from what you have

already stated in a legal notice.

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Replying to Legal Notice

Although it’s not mandatory, yet it’s always advisable to reply APPROPRIATELY to

a Legal Notice, citing the relevant clauses of applicable Laws. “No Reply to a Legal

Notice” can be an added advantage to the opposite side, if it opts to proceeds to the

court. The consequences for non-replying is not an offence under law, but if replied in

a fitting manner, there are chances of putting an end the future filing of vexatious

cases. The reply should be given within the time stipulated in the legal notice sent by

the other party. But in case it could not be replied due to the circumstances beyond

your control and if there is any inordinate delay in replying, the compelling reasons

may be briefly stated to avoid any misconception in the minds of the other party. If a

reply is not sent for a legal notice, the other side may use it as an advantage to them

while drafting the petition and put blame on you for not complying with the

requirements of notice which has become the root cause for filing the case. The reply

to the legal notice is generally welcomed by the Courts however for not replying to a

legal notice will not automatically pave way for an ex parte decree, since the

importance of a legal notice would end as soon as the Court proceeding starts. Only

when you don’t appear in a case despite serving summons on you, shall the Court

pass an ex parte order/decree.

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 Sample Notice u/s138 of Negotiable Instrument Act, 1882

Date
Registered A.D/UPC

(the above means Registered Post with Acknowledgement Due

or Register Acknowledgement)

(it is because Legal Notice is always sent via speed post)

To (TO WHOM THE NOTICE IS SEND)

Mr. NAME S/o Guardian name R/o

Address 1: accuse address

LEGAL NOTICE

Subject: - Legal notice under Section 138, of the Negotiable Instruments Act, 1881 on
behalf of Client’s name instituting criminal proceedings against you, the notice on
account of dishonoured Cheque bearing no. XXXXXX (6 digit cheque number)

Sir

Under the instructions and authority from our client Client’s name S/o Sh.
Guardian name R/o Client’s Address (hereinafter referred to as “Our Client”), We
serve upon you the following legal notice: -

1. That our client is a social person of great repute and practising Doctor in
Gurugram. Hence, you are known to him for last many years. As and when
required you had been taking the personal loan from our client and his brother as
you were in visiting terms to her house as well. Usually, you had taken a friendly
loan of Rs. XXXXX/- (Rupees XXXX in words) from our client, in the year 2019-20
at various intervals of time.

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2. That in support of said friendly loan you had given a duly signed post-dated
Cheque bearing no. XXXXXX (6 digit cheque number) of Rs. XXXXX/- (Rupees
XXXX in words) in favour of Client’s name, hereinafter referred as “Our Client”
3. That with an assurance and promise from you that the said cheque would be
encashed at the time of its presentation on and after Date mentioned on the
cheque (for example 20/10/2020)
4. That, despite the repeated dishonour of ECS mandate/ Cheque and its
communication, no adherence was given by you the addressee to the request of
my client to get regularize your account. But, after constant approached and
request by my client, you the noticee assured the repayment of entire loan amount
without any further default.
5. That, as such you the Noticee issued the Cheque bearing no. XXXXXX (6 digit
cheque number) of Rs. XXXXX/- (Rupees XXXX in words) drawn upon Name of
the Bank written on the cheque (for example Axis Bank, Sector XX, Sonipat,
Haryana,) for the discharge of such legal liability.

6. That our client states that your action in having allowed the cheque in question
unpaid on due presentation under your assurance and promise, shows that you
had intentionally, malafide and deliberately issued the cheque with criminal
intentions in order to cheat and defraud to our client, knowing fully well that the
cheque will never be honoured on its presentation because you had malafide
intentions in order to cheat and defraud to our client since the time you issued the
post-dated cheque in question, so you did not maintain your concerned account.
Our client usually assured that you will make the cash payment against the said
cheque but till today you failed to pay the said due amount, hence this legal notice
with stipulated time period.
7. That my Client presented the said Cheque to its account maintained with Client’s
Bank Name for encashment but to the utter shock and surprise of my Client, the
said Cheque bearing no. XXXXXX (6 digit cheque number) of Rs. XXXXX/-
(Rupees XXXX in words) was drawn upon Client’s Bank address where the
cheque is presented (for example HDFC Bank, Millennium Tower Branch,
Sushant Lok, Gurugram, Haryana, 122002) on date on which the cheque in bank

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 (for example 11th November 2020) got dishonoured due to reason “(for example
Funds Insufficient, Drawers Signature different, Account Closed, Exceed Limit
etc.)” as per Bank Return Memo dated date when the bank return the cheque their
letter sent via speed post to the Client (for example 17/11/2020.)
8. It seems that the abovementioned cheque has been issued by you, the noticee, with
the express intention to defraud my Client. However, by issuing a fraudulent
instrument and by withholding the monies that belong to my Client you, the
noticee has committed criminal breach of trust and liable to be prosecuted under
Section 406 and 420 of the Indian Penal Code in addition to being prosecuted under
Section 138 read with Section 142 of Negotiable Instruments Act, 1881.
9. That you the notice have made yourself liable to be prosecuted in criminal
proceedings instituted under Section 138 read with Section 142 of Negotiable
Instruments Act, 1881 as well as Section 406/420 of the Indian Penal Code.

Under these circumstances, we have been instructed by our client to call upon you to
pay the amount along, including the Notice Fee & Litigation Expense, Rs. 25,000,
within 15 days after receipt of this notice, failing which, we have definite instructions
from our client to initiate appropriate court of law and in that event, you shall be liable
for all costs, damages and consequences resulting there from

A copy of this notice has been retained by the undersigned for record and further
action, if so, necessitated by your acts and deliberate omissions. You, the notices are
also required to keep this notice with you so that in the event of necessity you may
produce it in the court of law.

Advocate Rahul Tiwari

Delhi High Court & Supreme Court
(D/8641/2019)
BA.LLB, LLM, DTL
Mo. - +918585999811
Email – tiwari4431@gmail.com
rahultiwari8434@yahoo.com

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