M/S AJEET SEEDS LTD. vs K GOPALA KRISHNAIAH

The Supreme Court held that for a complaint under Section 138 of the Negotiable Instruments Act, 1881 to be maintainable, it is essential to demonstrate that the demand notice was served on the accused. The Court found that the High Court erred in quashing the complaint solely on the basis of the absence of averments regarding service of notice, referencing the precedent set in C.C. Alavi Haji v. Palapetty Muhammed & Anr. The appeal was allowed, and the High Court's order was set aside, reinstating the complaint.