A legal notice for recovery of money is a formal written demand, usually sent through an advocate, asking someone to pay a specific amount within a fixed time or face legal action. For most private disputes it is not legally compulsory, but it is almost always the first step, and many matters settle at this stage. For a bounced cheque, a written notice within 30 days of the bank’s return memo is compulsory under Section 138 of the Negotiable Instruments Act.
Here is what to include, how to send it, the cheque bounce timeline and what to do next.
What is a legal notice and when do you need one?
A legal notice tells the other side what happened, what you want, and what you will do if they do not comply. It puts your claim on record before court.
Common situations in Indore: a hand loan to a relative, unpaid invoices, a security deposit a landlord will not return, unpaid salary, or an advance for goods never delivered.
When is a notice actually required by law?
- Suing the government: Section 80 of the Code of Civil Procedure (CPC) generally requires two months’ notice before suing the government or a public officer for an official act. It does not apply to private parties.
- Bounced cheques: a Section 138 notice is a condition for filing a cheque bounce case.
- Commercial disputes: for commercial disputes of ₹3 lakh or more, Section 12A of the Commercial Courts Act requires pre-institution mediation before filing, unless you seek urgent interim relief. The Supreme Court held this mandatory in Patil Automation v. Rakheja Engineers (2022).
Legal notice format: what to include
There is no single official legal notice format, but a good recovery notice covers these points:
- Parties: your name and address (and the advocate’s, if sent through one), and the recipient’s correct name and address.
- Facts in date order: how the money was given or became due, with references to the agreement, invoice, bank transfer, receipt or messages.
- Amount: the exact principal, plus any interest claimed and its basis (agreed rate or reasonable rate).
- Demand: a clear request to pay, with your payment details.
- Time to comply: commonly 15 or 30 days from receipt. For a cheque, the law fixes 15 days.
- Consequences: that you will start civil or criminal proceedings, as applicable, and claim costs.
- Date, place and signature. Keep an office copy.
Tip: Stick to facts you can prove and do not exaggerate. In Kaveri Plastics v. Mahdoom Bawa Bahrudeen Noorul (2025), the Supreme Court held that a cheque bounce notice demanding an amount different from the cheque amount is invalid. A “typing mistake” did not save it.
How to send a legal notice
You can legally send a notice yourself. An advocate’s letterhead is customary because it shows you are serious and the notice is drafted properly. Delivery mode matters too:
- Registered Post AD or Speed Post: still the safest. Keep the postal receipt, tracking printout and returned AD card. Courts generally presume service when a notice is sent by registered post to the correct address, even if it is refused or returned “unclaimed”.
- Courier: accepted by courts in many cases, but the legal presumption is strongest for registered post.
- Email and WhatsApp: in a 2024 ruling, the Allahabad High Court held that a Section 138 notice sent by email or WhatsApp is valid if it meets the Information Technology Act’s rules on dispatch and receipt. That is a single High Court ruling, so the safe practice is to send by post and electronically.
How to send a legal notice for recovery of money: step by step
- Collect your proof: agreements, invoices, bank statements, UPI screenshots, chats and any written acknowledgement.
- Check the time limit. Most money claims must be filed in court within three years under the Limitation Act. A written acknowledgement of the debt by the other party restarts this period, but a notice by itself does not extend it.
- Get the notice drafted with the facts, amount, demand and deadline.
- Sign and send by Registered Post AD or Speed Post, and also by email or WhatsApp if you have verified contact details.
- Preserve proof of service: receipts, tracking status, AD card and screenshots.
- Wait for the deadline and keep any reply safely. A reply can matter later in court.
- Decide the next step: settle, or file a case.
Need help with Legal Notice in Indore?
Share your requirement on WhatsApp or visit our office at Tower Chouraha, Indore. Our team will tell you which documents are needed and guide you through the next steps.
Cheque bounce notice under Section 138: the strict timeline
A cheque bounce case is a criminal complaint, and its deadlines are strict. Miss one and the case can fail. Under Section 138 of the NI Act, read with Section 142 and RBI’s cheque validity rule:
| Step | Time limit |
|---|---|
| Present the cheque to the bank | Within its validity: 3 months from the cheque date (RBI rule since 1 April 2012) |
| Send the Section 138 notice | Within 30 days of receiving the bank’s return memo |
| Drawer pays the cheque amount | Within 15 days of receiving the notice |
| File the complaint in court | Within 1 month after the 15 days end (Section 142(1)(b)); the court can accept a delay for sufficient cause |
Where to file: under Section 142(2)(a), if you deposited the cheque through your bank account, the case goes to the court where your bank branch (where you hold the account) is located. If your account is with an Indore branch, the complaint is filed in Indore, even if the drawer lives elsewhere.
What the drawer faces: imprisonment of up to two years, a fine of up to twice the cheque amount, or both. Under Section 143A, the court may order interim compensation of up to 20% of the cheque amount during trial, payable within 60 days (extendable by 30 days).
Recent Supreme Court guidance: in Sanjabij Tari v. Kishore S. Borcar (25 September 2025), the Supreme Court gave directions to speed up cheque cases. These include:
- Summons served by the complainant directly and electronically, with the accused’s email and WhatsApp details given on affidavit.
- Online QR or UPI payment so the accused can pay the cheque amount early and close the case.
- A standard case synopsis at the top of every complaint.
- Early use of interim compensation.
High Courts are issuing practice directions to apply these, such as the Delhi High Court’s of 6 November 2025.
A cheque bounce case and a civil suit for the underlying debt can generally run side by side. Your advocate can tell you which suits your facts.
Recovery options after the notice
| Option | When it fits |
|---|---|
| Written settlement | The other side agrees to pay, possibly in instalments. Put it in writing, ideally on stamp paper and notarised. |
| Ordinary civil suit for recovery | Any money claim within limitation. Court fee applies as per the claim amount. |
| Summary suit (Order XXXVII CPC) | Claims based on a written contract, promissory note, bill of exchange, cheque or guarantee. The defendant must get the court’s leave to defend, which can make it faster. |
| Pre-institution mediation | Commercial disputes of ₹3 lakh or more, before a commercial suit (unless urgent interim relief is needed). |
| Section 138 complaint | Bounced cheque, with every deadline met. |
| Lok Adalat or arbitration | Lok Adalats help settle many money and cheque cases. Arbitration applies if your contract has an arbitration clause. |
Received a legal notice? How to reply
Do not ignore it, and do not panic. Note the deadline, collect your documents and get an advocate to reply on time.
A good reply answers each point, denies what is wrong, states your side briefly and avoids accidental admissions. Remember that what you write can be used as evidence.
If you do owe the money, a written settlement is often cheaper than a court case. With a cheque bounce notice, paying the cheque amount within 15 days of receiving it means the offence under Section 138 is not made out. Every case turns on its facts, so take advice on yours.
Getting a legal notice drafted in Indore
Kanha Associates handles legal notice drafting and case documentation, from a legal notice for recovery of money to a cheque bounce notice. Through our online advocate consultancy, an advocate can review your matter before the notice goes out. We help organise the facts, calculate the amount, prepare annexures and keep proof of dispatch ready.
Start on WhatsApp at +91 91713 55550. Share a short summary and photos of your documents. This works for people across Indore and nearby areas, including Vijay Nagar, Palasia, Sapna Sangeeta, Rau, Mhow, Pithampur, Dewas, Dhar and Ujjain. For originals or signatures, visit us at Shop No. 3, 917 Khatiwala Tank, Tower Chouraha, Monday to Saturday, 10:30 AM to 7:30 PM (directions).
Some things need you in person. Affidavits filed with a complaint or suit must be sworn by you with ID. See our guides on affidavits and notary in Indore. Cheque bounce complaints where the payee’s account is with an Indore branch are filed before the Judicial Magistrate courts in Indore. You can track any case on eCourts services. See all our court matter solutions.
Tip: For a bounced cheque, count your 30 days from the date you receive the bank’s return memo. Contact us early so the notice is not rushed at the last minute.
Frequently Asked Questions
Is a legal notice mandatory before filing a money recovery suit?
Not for most suits between private parties. It is required before suing the government (Section 80 CPC) and before a cheque bounce complaint (Section 138 NI Act). Commercial disputes of ₹3 lakh or more need pre-institution mediation. Even when optional, a notice is usually wise.
How many days should a legal notice give to pay?
For ordinary recovery there is no fixed rule, and 15 or 30 days is common. For a Section 138 cheque bounce notice, the law gives the drawer 15 days from receiving the notice.
Can I send a legal notice without a lawyer?
Yes, a person can send a notice in their own name. Many people prefer an advocate’s letterhead because it is drafted correctly and is taken more seriously, which matters if the case goes to court.
Is a legal notice sent on WhatsApp or email valid?
The Allahabad High Court held in 2024 that a Section 138 notice by email or WhatsApp is valid if it meets the IT Act’s rules. Other courts may differ, so send it by Registered Post AD or Speed Post as well.
What is the time limit for sending a cheque bounce notice?
Within 30 days of receiving the bank’s return memo. The cheque must have been presented within its 3-month validity, and the complaint must be filed within one month after the drawer’s 15-day payment period ends.
What happens if the other person ignores the legal notice?
You can go ahead with the next step: a civil or summary suit for recovery, or a Section 138 complaint for a bounced cheque. Your notice and proof of delivery become part of your case file.
This guide is for general information and is not legal advice. Rules and fees change, so confirm current requirements before you apply.
A clear, well-timed legal notice is often all it takes to get your money back, and it lays the groundwork if you do need court. Owed money or holding a bounced cheque? Message us on WhatsApp before the deadlines run out.