K R INDIRA Vs. G ADINARAYANA

JUDGEMENT

(1.) An interesting question in the background of Clause (b) of the proviso to Section 138 of the Negotiable Instruments Act, 1881 (in short the 'Act') arises in these appeals.

(2.) Filtering out unnecessary details the background facts are as follows :

(3.) One appeal i.e. Criminal Appeal No. 272/1996 was allowed and the respondent was found guilty of offence punishable under Section 138 of the Act. The other two appeals were dismissed and the order of acquittal was affirmed. The basic conclusion which formed the foundation for upholding the acquittal was that the notices sent did not meet the requirements of law, more particularly, the proviso to Clause (b) of Section 138 of the Act.