S. 138 NI Act | Cheque Dishonour Sent To Drawer’s Address Is Validly Served Though Received By Family Member : Supreme Court
Case Title: SAINABA VERSUS STATE OF KERALA & ANR.
Citation: 2026 LiveLaw (SC) 1005
The Supreme Court held that a statutory demand notice under the Negotiable Instruments Act, 1881 cannot be treated as invalid merely because it was received by a family member of the drawer, when the notice was dispatched by registered post to the drawer’s correct address.
A bench of Justice Ahsanuddin Amanullah and Justice Manmohan set aside the Kerala High Court’s judgment, which had overturned the drawer’s conviction solely on the ground that the statutory demand notice was not received by him personally but by his mother, who…