Supreme Court of India · 2007-10-11
M/S. Sarav Investment & Financial ... vs Llyods Register Of Shipping Indian ...
- Court
- Supreme Court of India
- Petitioner
- M/S. Sarav Investment & Financial ...
- Respondent
- Llyods Register Of Shipping Indian ...
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court held that for a valid notice under Section 138 of the Negotiable Instruments Act, 1881, it must be served in accordance with the law, which includes sending it via registered post with acknowledgment due. The Court found that the notice was not properly served as it was not sent through registered cover, and the affidavits of service did not establish that the notice was effectively communicated to the accused. Consequently, the complaint was quashed due to non-compliance with the statutory requirement of notice under Section 138, leading to the dismissal of the proceedings against the appellants.