Supreme Court of India · 2004-11-02
V. Raja Kumari vs P. Subbarama Naidu & Anr
- Court
- Supreme Court of India
- Petitioner
- V. Raja Kumari
- Respondent
- P. Subbarama Naidu & Anr
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, C.K.Thakker
Judgment text excerpt
The Supreme Court upheld the High Court's ruling that the service of notice under Section 138 of the Negotiable Instruments Act, 1881, is not a prerequisite for the maintainability of a complaint. The Court clarified that the question of whether notice was properly served must be determined during trial, rather than dismissing the complaint at the outset. The decision referenced the case of V. Satyanarayana v. A.P. Travel & Tourism Development Corporation Ltd. and distinguished it from Shakti Travel & Tours v. State of Bihar, emphasizing that the circumstances of non-service should be examined in detail during trial.