M.D.Thomas vs P.S. Jaleel & Anr

The Supreme Court held that under Clause (b) of the proviso to Section 138 of the Negotiable Instruments Act, 1881, a notice of demand must be served directly to the drawer of the cheque, not to a family member. The Court found that the complainant's failure to serve notice to the appellant constituted a significant legal deficiency, leading to the conclusion that the conviction by the High Court could not be upheld. Consequently, the Supreme Court restored the Trial Court's order of acquittal, allowing the appeal.