Supreme Court of India · 2000-04-28
Shakti Travel & Tours vs State Of Bihar And Anr.
- Citation / case number
- 2000(2)ALD(CRI)788
- Court
- Supreme Court of India
- Petitioner
- Shakti Travel & Tours
- Respondent
- State Of Bihar And Anr.
- Author
- U.C. Banerjee
- Bench
- U.C. Banerjee
Judgment text excerpt
The Supreme Court held that a complaint under Section 138 of the Negotiable Instruments Act is not maintainable if the notice has not been served, as the accused has the right to pay the amount within 15 days of service. The Court found that the complaint did not assert that the notice was served, leading to the conclusion that the complaint was invalid. Consequently, the Court quashed the complaint and allowed the appeal.