In Brief
H.N. Jagadeesh, accused of dishonoring a cheque under Section 138 of the Negotiable Instruments Act, was acquitted by the Trial Court because the complainant failed to file or prove the mandatory statutory notice required before filing such a complaint. The High Court set aside the acquittal and remanded the case for further evidence. The Supreme Court allowed Jagadeesh's appeal, holding that the statutory notice is a non-negotiable prerequisite that must be proved from the outset. The Court held that omissions in proper prosecution cannot be cured by remand, and principles of advancing justice cannot override strict statutory requirements in quasi-criminal Section 138 cases.
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