Sainaba vs State Of Kerala

Sainaba vs State Of Kerala on 30 September, 2026 2026 INSC 1069 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.________ OF 2026 (ARISING OUT OF SLP (CRL.) NO.17180 OF 2025) SAINABA ….APPELLANT VERSUS STATE OF KERALA & ANR. ....RESPONDENTS JUDGMENT MANMOHAN, J. 1. Leave granted. 2. Present appeal has been filed challenging the judgment and order dated 29th July 2025 passed by the Kerala High Court in Crl. R.P. No. 865 of 2023, whereby the concurrent findings of the Trial Court and the Appellate Court convicting and sentencing respondent No.2 under Section 138 of the Negotiable Instruments Act, 1881 (“the Act, 1881”), were set aside on the ground of non-compliance of proviso (b) to Section 138 of the Act, 1881 inasmuch as the statutory demand notice had not been served upon respondent No.2, but was served upon the mother of respondent No.2. Signature Not Verified Digitally signed by KRITIKA TIWARI 3. A perusal of the paper book shows that notice in the present matter was Date: 2026.09.30 16:57:47 IST Reason: issued on 10th November 2025 and the same was served upon respondent No.2 on SLP(Crl.) No.17180 of 2025 Page 1 of 16 11th December 2025. Despite due service of notice, there is no appearance on behalf of respondent No.2. Consequently, this Court had no option but to proceed with hearing of the matter. BRIEF FACTS 4. In the complaint under Section 138 of the Act 1881,…