https://www.taxtmi.com/caselaws?id=195708 Section 319 CrPC permits summoning an additional accused in appropriate cases, but in a prosecution under Section 138 of the Negotiable Instruments Act the statutory notice requirement in proviso (b) is mandatory. Where no notice was served on the proposed accused, the complaint was not maintainable against that person, so the summoning order could not be sustained. The Court therefore treated the defect as jurisdictional and held that the person could not validly be added as an accused in the absence of compliance with the notice condition. en-us Mon, 20 Jul 2009 00:00:00 +0530 Wed, 08 Nov 2017 14:53:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=195708 Section 319 CrPC permits summoning an additional accused in appropriate cases, but in a prosecution under Section 138 of the Negotiable Instruments Act the statutory notice requirement in proviso (b) is mandatory. Where no notice was served on the proposed accused, the complaint was not maintainable against that person, so the summoning order could not be sustained. The Court therefore treated the defect as jurisdictional and held that the person could not validly be added as an accused in the absence of compliance with the notice condition. Case-Laws Indian Laws Mon, 20 Jul 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=195708