Supreme Court of India · 2007-11-02
M/S. Rahul Builders vs M/S. Arihant Fertilizers & Chemical & ...
- Citation / case number
- 2007 AIR SCW 7008
- Court
- Supreme Court of India
- Petitioner
- M/S. Rahul Builders
- Respondent
- M/S. Arihant Fertilizers & Chemical & ...
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court held that a notice under Section 138 of the Negotiable Instruments Act must strictly comply with the statutory requirements, including the necessity of a 15-day notice period. The Court found that the notice sent by the appellant was invalid as it demanded a sum greater than that of the dishonored cheque and did not meet the requirements of the Act. Consequently, the Court upheld the High Court's decision to quash the criminal proceedings against the respondent.