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november 2007

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.

M/S. Rahul Builders vs M/S. Arihant Fertilizers & Chemical & ... · Niyam