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.