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november 2007

Supreme Court of India · 2007-11-02

M/S. RAHUL BUILDERS vs M/S. ARIHANT FERTILIZERS & CHEMICAL &ANR

Citation / case number
SC 2005/4175
Court
Supreme Court of India
Petitioner
M/S. RAHUL BUILDERS
Respondent
M/S. ARIHANT FERTILIZERS & CHEMICAL &ANR
Author
HARJIT SINGH BEDI S.B. SINHA
Bench
HARJIT SINGH BEDI S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the validity of a notice under Section 138 of the Negotiable Instruments Act, ruling that failure to serve a proper notice as per the statutory requirements leads to quashing of criminal proceedings. The Court held that the notice must specify the amount due and provide a clear demand, which was not met in this case, as the notice demanded a larger sum than the cheque amount. Consequently, the High Court's decision to quash the proceedings was upheld, reinforcing the necessity of strict compliance with the notice requirements under the Act.

M/S. RAHUL BUILDERS vs M/S. ARIHANT FERTILIZERS & CHEMICAL &ANR · Niyam