If you are stuck in such a situation, here is what to do.

Often, the first step in resolving a legal dispute is to send a formal communication known as a legal notice. This document, drafted by an advocate, informs the recipient of your grievances and your intention to pursue legal action if the issue is not resolved within a specified time. Whether it’s a matter of a bounced cheque, a property dispute, a breach of contract, or a consumer complaint, a well-drafted legal notice can often lead to a resolution without the need for a lengthy court battle. It serves as a final warning and a formal record of your attempt to settle the matter amicably.

Advice in such cases

If you find yourself in a situation where you need to send or have received a legal notice, it is crucial to act methodically and strategically.

• Gather all relevant documents, such as contracts, invoices, receipts, bounced cheques, bank return memos, and any written communication (emails, letters, messages) related to the dispute.
• Clearly write down the sequence of events, key dates, and the specific problem you are facing.
• Define what you want from the other party. This could be a monetary payment, the return of property, a specific action, or an apology.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The laws applicable to a legal notice depend entirely on the nature of the dispute. A legal notice itself is a procedural step, but it must cite the specific laws that have been violated.

• For a bounced cheque, the notice is sent under Section 138 of the Negotiable Instruments Act, 1881.
• In property matters, various sections of the Transfer of Property Act, 1882, or specific performance under the Indian Contract Act, 1872, may be cited.
• For consumer issues, the provisions of the Consumer Protection Act, 2019, will be relevant.
• In employment disputes, the notice may refer to the terms of the employment contract and relevant labour laws.

If you are the complainant

As the person initiating the action (the complainant), you are looking to enforce your rights. The process is straightforward but requires precision.

• Provide your advocate with a clear and detailed account of the facts and all supporting evidence.
• Your advocate will draft the legal notice, outlining the facts, the legal basis for your claim, and the specific relief you are seeking. It will also state a clear deadline (e.g., 15 or 30 days) for the other party to comply.
• Review the draft notice carefully to ensure all facts are accurate and nothing has been omitted.
• Once finalized, the notice is sent to the other party via Registered Post with Acknowledgment Due (RPAD) to have a legal proof of delivery.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you have received a legal notice, you are the recipient, and it’s essential not to panic but to act promptly.

• Do not ignore the notice. Ignoring it can be used against you in court as evidence of your unwillingness to resolve the matter.
• Read the notice carefully and understand the allegations and demands made against you. Note the deadline mentioned for a reply.
• Gather all your documents and evidence related to the claims made in the notice.
• It is critical to prepare a well-drafted reply to the legal notice, addressing each point raised by the complainant. This reply will form the basis of your defence if the matter proceeds to court.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Sending a legal notice is primarily a civil procedure. The police have no role in the service or enforcement of a civil legal notice. Their involvement begins only if the dispute has a criminal element and a formal First Information Report (FIR) is lodged. For instance, in a cheque bounce case, you first send a legal notice. If the payment is not made within the stipulated period, you can file a criminal complaint in court under Section 138 of the NI Act. The court then takes cognizance and issues summons. The police role is generally limited to executing court orders, such as warrants, if issued.

FAQs people normally have

People often have several questions about legal notices.

• Is it mandatory to send a legal notice? In some cases, like under Section 138 of the NI Act (cheque bounce) or Section 80 of the Code of Civil Procedure (for suits against the government), it is a mandatory prerequisite. In many other civil cases, it is not mandatory but is highly advisable as it shows your bona fide intent to settle.
• What if the notice is ignored? If the recipient ignores the notice or fails to comply with its terms, you can proceed with filing a formal case (a civil suit or a criminal complaint, as applicable) in the appropriate court. The notice and its delivery proof will be key documents in your case.
• How much does it cost to send a legal notice? The cost varies greatly depending on the complexity of the case and the advocate’s fees. It includes the advocate’s professional fee for drafting and the minor cost of postage.

What evidence is required?

To draft a strong legal notice, your advocate will need all evidence that supports your claim. This includes:

• Any written agreement, contract, or Memorandum of Understanding (MoU).
• Invoices, bills, and payment receipts.
• For cheque bounce cases: the original bounced cheque and the bank’s return memo stating the reason for the dishonour.
• Correspondence between the parties, such as emails, letters, or WhatsApp messages.
• Photographs or videos, if relevant to the dispute.
• Property documents like sale deeds or lease agreements.

How long will the investigation take?

The term “investigation” does not apply to the legal notice process. A legal notice specifies a time frame, typically 15 or 30 days, within which the recipient must respond or comply. The process is time-bound by the notice itself. If the matter proceeds to court, the duration of the case will depend on the court’s schedule, the complexity of the case, and the cooperation of the parties involved. There is no “investigation” by an external agency at the notice stage.

Advocate Sudhir Rao, Supreme Court of India