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noticeHigh risk if omitted

Statutory Demand / Operative Demand

States precisely what the sender demands (payment of a specific sum, or an act) and the deadline to comply, turning a letter into an enforceable pre-litigation notice.

In plain English

This is the *heart* of a demand notice: it spells out exactly what you want the other side to do, how much, and by when. For a *bounced cheque*, the law is strict and time-sensitive: you must send this written demand within *30 days* of the bank telling you the cheque was returned unpaid, and it must give the drawer *15 days* to pay before you can start a criminal case. Keep the amount, cheque number and deadline exact and send it in a way you can prove (registered post / courier with tracking), because a vague or late demand can sink an otherwise good claim.

Relevant law

  • Negotiable Instruments Act, 1881 - s.138 (dishonour of cheque; proviso (b) requires written demand within 30 days of notice of return, proviso (c) gives drawer 15 days from receipt to pay)
  • Negotiable Instruments Act, 1881 - s.142 (cognizance; complaint filed within one month of the cause of action, i.e. after the 15-day period expires)
  • Limitation Act, 1963 - s.3 read with the Schedule (a suit to recover money / for breach of contract must generally be filed within 3 years of when the right to sue arises)
  • Limitation Act, 1963 - s.18 (a signed written acknowledgement of the debt restarts the 3-year clock)
Educational, not legal advice. Clause wording should be adapted to your specific facts. For high-stakes documents, have a qualified advocate review the drafting.
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