Supreme Court · 2007 INSC 628 · Decided 18 May 2007
C.C. Alavi Haji v. Palapetty Muhammed and Anr
- Court
- Supreme Court of India
- Citation
- 2007 INSC 628 · [2007] 7 S.C.R. 326
- Case number
- CRIMINAL APPEAL No. 767/2007
- Decided
- 18 May 2007
- Bench
- K.G. BALAKRISHNAN, R.V. RAVEENDRAN, D.K. JAIN (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- Evidence Act Section 114; NI Act Section 138
Headnote
Negotiable Instruments Act, 1881: ~ ').. s. 138, Proviso, clauses (b) and (c )-Complaint uls 138-Requirement c of p0}1ee to make a demand for payment of money by giving notice to draw'er of cheque-HELD: When notice is sent by registered post by correctly addressing the drawer of the cheque, and made, mandatory requirement of issue of notice in terms of clause (b) OJ proviso to s. 138 stands complied with-It is unnecessary to D further aver in the complaint that service of notice was evaded by accused or that he had a role to play in return of notice unserved-On facts, though there was
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