M.D.THOMAS vs P.S. JALEEL

The Supreme Court held that under Clause (b) of the proviso to Section 138 of the Negotiable Instruments Act, the payee must serve a notice of demand to the drawer of the cheque, and service on the drawer's wife does not satisfy this requirement. The Court found that the complainant failed to comply with the statutory notice requirement, leading to the conclusion that the conviction of the appellant was unsustainable. Consequently, the Court allowed the appeal, set aside the impugned order, and restored the order of acquittal by the Trial Court.