Supreme Court of India · 2009-01-16
STATE OF M.P vs BHARAT
- Citation / case number
- SC 2007/6719
- Court
- Supreme Court of India
- Petitioner
- STATE OF M.P
- Respondent
- BHARAT
- Author
- TARUN CHATTERJEE,H.L. DATTU, , ,
- Bench
- TARUN CHATTERJEE,H.L. DATTU, , ,
Judgment text excerpt
The Supreme Court ruled that the provisions of Section 138 of the Negotiable Instruments Act, 1881, require a clear and unambiguous demand for payment before initiating criminal proceedings. The Court emphasized that the notice must specify the amount due and the date of dishonor, establishing that failure to comply with these requirements renders the complaint invalid. Consequently, the Court quashed the proceedings against the accused, holding that the complaint was not maintainable due to non-compliance with statutory requirements.