Court
A notice does two jobs
It gives the other side a last opportunity to put things right, which often works and is far cheaper than a suit. And it puts your position on record, dated and delivered, which matters when the matter does proceed. A notice that is vague, overstated or wrongly addressed damages both jobs at once.
Present the cheque within six months of its date or within its validity period, whichever is earlier. Since the Reserve Bank capped cheque validity at three months in 2012, in practice that means three months. The statutory demand notice must then go within 30 days of your receiving the bank's intimation of dishonour. The drawer has 15 days from receiving it to pay. The complaint must be filed within one month of that period expiring — a court may condone delay for sufficient cause, but do not plan on it.
Notices we draft
- Cheque bounce — the statutory demand under section 138 of the Negotiable Instruments Act, 1881. Strict timing and strict content; a defective notice ends the complaint before it starts. Cheque bounce matters →
- Money recovery — on a loan, an invoice or a dishonoured commitment
- Rent arrears, eviction and possession
- Breach of contract — calling for performance or terminating
- Consumer complaints — before approaching the Commission
- Employment — dues, wrongful termination, or a response to allegations
- Defamation, nuisance and encroachment
- Revocation of a power of attorney, and public notices for newspaper publication
The address. A notice sent to an address the recipient left three years ago achieves nothing, and the proof of service is what you will be asked for. Use every address you have, and keep the tracking.
Overstatement. A notice claiming more than is owed, or threatening consequences that are not available, invites a reply that dismantles it — and that reply becomes part of the record too. Claim what is owed and state what will actually be done.
If a notice arrives addressed to you, do not ignore it and do not reply in haste. Replying to a legal notice →
Drafted here, in Gujarati or English
Drafted by an advocate of 35+ years rather than filled into a downloaded template, e-stamped at a Government authorised centre, and notarised in the same visit. If the parties read Gujarati, the document is drafted in Gujarati — not translated out of an English form, because legal Gujarati has its own settled vocabulary and a literal translation frequently means something looser.
What to bring
- The full name and every known address of the recipient
- The underlying documents — cheque and return memo, agreement, invoices, rent record
- A dated account of what has happened
- Any correspondence already exchanged
- What outcome you actually want