SIPRA BHATTACHARYYA vs APARES BHATTACHARYYA

The Supreme Court ruled that Section 138 of the Negotiable Instruments Act, 1881, mandates that a notice of demand must be served within 30 days of the cheque being returned dishonored. The Court established that the failure to serve such notice within the stipulated time frame results in the inability to initiate proceedings under Section 138. Consequently, the appeal was dismissed as the complaint was filed after the notice period had lapsed, affirming the lower court's decision.