V. RAJA KUMARI vs P.SUBBARAMA NAIDU

The Supreme Court held that the service of notice under Section 138 of the Negotiable Instruments Act, 1881 is a procedural requirement that should not lead to the dismissal of a complaint at the threshold. The Court emphasized that the question of whether notice was properly served must be determined during the trial, and not prematurely by the Magistrate. The High Court's decision to allow the complaint to proceed was upheld, reinforcing the principle that non-service of notice does not automatically invalidate the complaint without examining the circumstances surrounding the non-service.