K.Satyanarayan vs Madhur & Anr

The Supreme Court set aside the Bombay High Court's dismissal of a writ petition challenging the summoning of the appellant as an additional accused under Section 319 of the Cr.P.C. in a complaint under Section 138 of the Negotiable Instruments Act, 1881. The Court held that the complaint was not maintainable as the mandatory notice required under the proviso to Section 138(b) was not served on the appellant, constituting a jurisdictional error by the Magistrate. Consequently, the appeal was allowed, and the impugned judgment was overturned.