Md. Jamiludin Nasir vs State Of West Bengal

The Supreme Court ruled that the provisions of Section 138 of the Negotiable Instruments Act, 1881, necessitate that a notice must be served within 30 days of the dishonor of the cheque, and failure to do so renders the complaint untenable. The Court emphasized that the requirement of notice is a mandatory precondition for filing a complaint under Section 138, and non-compliance with this requirement leads to the dismissal of the case. The appeal was dismissed as the complaint was filed without proper notice being served, thus upholding the lower court's decision.