https://www.taxtmi.com/caselaws?id=314092 In a prosecution under Section 138 of the Negotiable Instruments Act, notice under Section 138(b) is a mandatory precondition for initiating proceedings against the person sought to be prosecuted. Where no such notice had been issued to the person against whom the cheque was drawn, the essential basis for fastening criminal liability was absent. On that footing, the court held that resort to Section 319 of the Code of Criminal Procedure, 1973 was not available to proceed against that person, and the refusal to invoke Section 319 was upheld. en-us Thu, 02 Feb 2023 00:00:00 +0530 Fri, 17 May 2024 02:34:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=314092 In a prosecution under Section 138 of the Negotiable Instruments Act, notice under Section 138(b) is a mandatory precondition for initiating proceedings against the person sought to be prosecuted. Where no such notice had been issued to the person against whom the cheque was drawn, the essential basis for fastening criminal liability was absent. On that footing, the court held that resort to Section 319 of the Code of Criminal Procedure, 1973 was not available to proceed against that person, and the refusal to invoke Section 319 was upheld. Case-Laws Indian Laws Thu, 02 Feb 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=314092