THE STATE OF ODISHA vs GOBINDA BEHERA

The Supreme Court ruled that under Section 138 of the Negotiable Instruments Act, the drawer of a cheque is liable for criminal prosecution if the cheque is returned due to insufficient funds, provided that the payee has issued a notice within the stipulated time frame. The Court emphasized that the notice must be served to the drawer, and failure to do so would invalidate the complaint. The judgment upheld the conviction of the accused for dishonor of cheque, reinforcing the legal principle of strict compliance with procedural requirements in such cases.