NOTICE TO RELATIVE INVALID UNLESS ACCUSED KNEW: KERALA HC

NOTICE TO RELATIVE INVALID UNLESS ACCUSED KNEW: KERALA HC

In Saju v. Shalimar Hardwares & State of Kerala, decided on July 2, 2025, the Kerala High Court held that a statutory notice under Section 138(b) of the Negotiable Instruments Act must be served directly on the drawer of the cheque and not merely on a relative, unless it is proven that the accused had knowledge of such service. In this case, Saju issued a cheque of ₹92,500/- which was dishonoured due to insufficient funds. A legal notice was sent, but it was received by a relative, not Saju himself. The complainant failed to prove Saju’s knowledge of the notice. Justice P.V. Kunhikrishnan relied on the Supreme Court ruling in Thomas M.D. v. P.S. Jaleel, emphasizing that proper service is mandatory. The High Court acquitted the accused, ruling that service on a relative without proof of knowledge does not fulfill the statutory requirement under Section 138(b).