Supreme Court · 2004 INSC 633 · Decided 2 November 2004
V. Raja Kumari v. P. Subharama Naidu and ANR.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 633 · [2004] SUPP. 5 S.C.R. 882
- Case number
- CRIMINAL APPEAL No. 887/1999
- Decided
- 2 November 2004
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 397, 401; NI Act Section 142, 138
Headnote
Negotiable Instruments Act, 1881: C s.138-Notice by payee--Service of-Notice returned with endorsement that house of addressee was locked-Complaint dismissed for non-service of notice-High Court holding that effect of the endorsement would be considered during trial and complaint could not be a complaint against the appellant for offences under s.138 read with s.142 of the Negotiable Instruments Act, 1881. It was asserted in the complaint that the legal notice as required under s.138 sent to the respondent, was returned with an endorsement that the house of the addressee was
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