The principles of natural justice require hearing a person before initiating any legal action against him or her.
Thus, it is good practice to issue a legal notice to the person against whom any legal proceedings are proposed to be initiated as a requisite measure to comply with the principle of natural justice.
Issuing a legal notice serves two purposes. Firstly, to know the exact stand of the other side and, secondly, to avoid unnecessary litigation and consequential costs, expenses, and time, including mental agony, if any, to both the opposing parties.
Every care must be taken while drafting a legal notice. It must be drafted with clarity, brevity, and in a manner convincing the other side to comply with it as far as possible. Provocative language should not be used. It must be in conformity with law relating to the subject with which the issue in dispute is connected.
SAMPLE DRAFT
A. Raghunath
Advocate
Office: 202-18/3-B, beside Bowenpally PS – 500011
LEGAL NOTICE
Date: 26/03/2024
To,
Mr. D. Srikanth
S/o D. Narayana,
Aged about 42 years,
Occupation: Home Guard,
R/o Gandhi Nagar, Jammikunta Proper,
Village and Mandal of Karimnagar District.
Under the instruction of my client Mr. K. Rajesh S/o K. Venkatesh, R/o Lakshmi Colony, Jammikunta Proper town and mandal of Karimnagar, I do hereby issue this legal notice to you as follows:
My client tells me that you and my client are well acquainted with each other, as you live in the same locality. My client states that, taking advantage of the acquaintance, you approached him in the first week of April 2020 and requested him to arrange a sum of Rs. 4,00,000/- (Rupees Four Lakhs only) to meet your urgent legal-related expenses. My client adds that due to your repeated requests and considering your genuine needs, he had arranged the said amount and handed it to you on 09/04/2020. On receipt of the same, you executed a promissory note in favour of my client agreeing to repay the said amount along with interest at 2% per month. After the lapse of 6 months, along with interest, several demands were made by the client. You issued a cheque bearing No. 000014, dated 09/09/2021, towards repayment of the main amount and a substantial portion of the interest totalling Rs. 5,00,000/- from Telangana Grameena Bank, Jammikunta Branch in favour of my client, promising to pay the remaining accrued interest within days.
My client adds that he had deposited the said cheque in his account at SBI, Jammikunta Branch for realization, but the same was dishonoured on 15/09/2021 and was returned dishonoured, accompanied by a memo indicating that your account lacked sufficient funds for clearance. My client mentions that upon receiving the return memo the very same day, he promptly brought it to your notice and urged you to either make arrangements to clear the cheque or return the due amount, which you have deliberately avoided on various pretexts till today, indicating dishonest intent to defraud him. Hence, this legal notice.
Therefore, through this notice, you are formally requested to remit the cheque amount of Rs. 5,00,000/- along with the outstanding interest to my client within 15 days from the date you receive this legal notice. If you fail to do so, my client will be compelled to initiate appropriate criminal and civil proceedings before the competent court for recovery and necessary relief. In such a situation, you alone will be responsible for all the costs and legal consequences arising therefrom.
This legal notice charges Rs. 5,000/-
Sd/-
A. Raghunath
Advocate
