In Brief
A complainant sued under Section 138 of the Negotiable Instruments Act, 1881 for dishonoured cheque without producing or proving the mandatory statutory notice. The Trial Court acquitted the accused. The High Court set aside the acquittal and remanded the case, allowing further evidence to be led. The Supreme Court held that the statutory notice is a mandatory pre-condition and the complainant was duty-bound to produce and prove it at trial. The High Court erred in granting an opportunity at appeal to cure prosecution defects. The Court distinguished Zahira Habibullah Sheikh, holding that such indulgence is inappropriate in quasi-criminal complaint cases. Appeal allowed; Trial Court's acquittal restored.
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