TOMY JACOB KATTIKKARAN vs THOMAS MANJALY

The Supreme Court held that under Section 138 of the Negotiable Instruments Act, the requirement of serving a notice within the prescribed period is crucial for maintaining a complaint. The Court upheld the acquittal of the respondent based on the finding that the appellant failed to serve the notice in time, which was a factual determination. However, the Court quashed the High Court's order setting aside the discharge of the appellant, as the evidence against him was insufficient to establish a prima facie case.