TASK NO.

02
LEGAL NOTICE DRAFTING
Problem:
‘A’ and ‘B’ are school friends. ‘A’ was in eager need of Rs. 5,00,000 (five lakhs rupees) and
asked ‘B’ for help. ‘B’ agreed to pay amount to ‘A’. On the day of payment ‘A’ gave a
cheque to ‘B’ for the return payment of money which he borrowed. ‘B’ deposited the cheque
in his bank which he received from ‘A’. The said cheque was dishonoured for ‘insufficient
funds’. ‘B’ sent a notice to ‘A’ stating that the said cheque was dishonoured and that he
would be compelled to take legal action against ‘A’ for non-repayment.
Note:-
1. Draft a legal notice.
2. You can use names as per your convenience.
3. You can use creativity to add some facts to the problem but do stick to the
factual frame of it.
Format for the legal notice
To,
Sh.(Name & Address)
________________
Sub:- Notice under Section 138 of the Negotiable Instruments Act for Cheque
Dishonoured due to insufficient funds.
Dear Sir,
Under instructions and authority from our client M/s. ________ having their office at
_________, we serve upon you the following notice of demand under Section 138 of the
Negotiable Instruments Act.
1. That your business concern M/s _______ had purchased from my client goods (Name
and brief description of goods) vide their invoice bearing no. ___ dated ________ for
Rs._______
2. On delivery of goods above mentioned, you issued a cheque bearing no. ____ dated
_________ for Rs._______drawn on ____ Bank.
3. That when the aforesaid cheque was presented by our client M/s. ____ to your
Bankers i.e. ________ the same was returned unpaid by the Bank with the
remarks/reasons “Insufficient Funds”. This fact was brought to your notice by our
client vide letter dated_______.
4. That in reply to our client’s letter, you sent a letter dated ____ requesting him to
deposit the cheque again with a banker and assured him that they will be cleared this
time.
5. My client again presented your above-mentioned cheque with its bankers, this time
again cheque was returned unpaid by the bank due to insufficient funds.
6. That thereafter in spite of many telephonic reminders and personal visits by the
representative of our client to your office, you failed to make the payment due to our
client.
7. That on account of the above facts, you are liable to be prosecuted under section 138
of the Negotiable Instrument Act, 1881 as amended up to date under which you are
liable to be punished with imprisonment which may extend to one year or with fine
which may extend to twice the amount of cheque or with both.
8. Under the circumstances, we call upon you to make the payment of Rs. _____ being
the principal amount of the aforesaid cheque along with interest @ ____ % per annum
till the time of actual payment within a period of 15 (fifteen) days from the date of
receipt of this notice, failing which we will be bound to take further necessary action
under the provisions of Negotiable Instrument Act, 1881 against you in the competent
court of law at your risk and cost.
This is without prejudice to all other legal rights and remedies available to our client for the
above-stated purpose.
Kindly take notice.
Date:____________
Yours faithfully,
____________
FORMAT
Ref. No……………. Dated ____, __________

REGD.A.D.
SUB.: LEGAL NOTICE
To, _____________
Dear Sir/Madam,
Pursuant to the instructions from and on behalf of my client ___________________, through
its _____________, I do hereby serve you with the following Legal Notice: –
1- That my client is a ___________ individual/company, under the name and of M/s
______________________.
2- That my client is employed/engaged in the business of __________ of the ___ etc.
3- That against your valid and confirmed order, my client did your job work from time to
time on credit basis as you have running credit account in the account books of my client
operated in due course of business.
4- That my client-raised bills of each and every work performed for payment, although you
have acknowledged the receipt of such bills raised by my client.
5- That inspite of acknowledging the liability of payment of principal balance of Rs.
_________/- you have been failed to make payment of the said amount due to my client.
Therefore/Henceforth/Now , you are liable to pay the said principal balance amount of Rs.
__________/- along with interest @ __% p.a. from the date of due till actual realisation of the
said sum as is generally and customarily prevailing in the trade usages, which comes to Rs.
__________/-
6- That thus, you are liable to pay the said total amount of Rs. ________/- to my above-
named client. My above-named client _______________ is entitled to recover the same from
you.
7- That my client requested you several times through email, telephonic message and by
sending personal messenger to your office for release of the above mentioned outstanding
payment. Unfortunately, you have always been dilly delaying the same on one pretext or the
other and so far have not paid even a single rupee out of the said outstanding amount.
I, therefore, through this Notice finally call upon you to pay to my client Rs. __________/-.
along with future interest @ __ % p.a. from the date of notice till actual realization of the said
amount, together with notice fee of Rs. ____/- to my client either in cash or by demand draft
or Cheque whichever mode suits you better, within clear 30 days from the date of receipt of
this notice, failing which my client has given me clear instructions to file civil as well as
criminal lawsuit for recovery and other Miscellaneous proceedings against you in the
competent court of law and in that event you shall be fully responsible for the same.
A copy of this Notice has been preserved in my office for record and future course of action.
(Sign)
Advocate Name
Enrol ID & Address