Cheque Bounce Notice Under Section 138 Must Be Served on Accused, Not Relatives: Kerala High Court

The Kerala High Court has ruled that a statutory notice under Section 138(b) of the Negotiable Instruments Act must be served directly on the cheque drawer, not on a relative, unless there’s proof the accused knew about it.

Justice PV Kunhikrishnan acquitted a man convicted in a cheque bounce case after finding that the statutory notice was delivered to a relative, not the accused himself. Without proof of the accused’s awareness, the Court said the notice was invalid, making the entire proceedings void.

The Court also ordered a refund of any amount deposited during the case. (Saju v. Shalimar Hardware & Anr.)