C.C.ALAVI HAJI vs PALAPETTY MUHAMMED

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 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 requirement for compliance with the mandatory provisions of Section 138. The judgment also highlighted the legislative intent behind the provisions aimed at promoting trust in the banking system.