C.C. Alavi Haji vs Palapetty Muhammed & Anr

The Supreme Court addressed the service of notice under Clause (b) of the proviso to Section 138 of the Negotiable Instruments Act, 1881, emphasizing that necessary averments regarding the accused's role in the non-receipt of notice must be included in the complaint. The Court clarified that without such averments, the complaint may not be maintainable, thereby reinforcing the legislative intent to ensure accountability in cheque transactions. The reference was made to resolve ambiguities stemming from the earlier decision in D. Vinod Shivappa Vs. Nanda Belliappa.