Judgment :

Leave granted.

Heard learned counsel for the parties.

The Trial Court, upon conclusion of the trial, acquitted the appellant of the charge under Section 138 of the Negotiable Instruments Act, 1881, [for short `the Act]. On appeal by the complainant, the High Court set aside the order of acquittal, convicted the appellant and sentenced him to undergo imprisonment till the rising of the Court and directed to pay the sum of rupees one lakh twenty thousand to the complainant; in default, to undergo further simple imprisonment for a period of three months. Against the said order, present appeal has been filed by special leave.

Learned counsel for the appellant argued that his clients conviction is liable to be set aside because before filing complaint, the respondent did not serve upon him notice as per the requirement of Clause (b) of proviso to Section 138 of the Act. He submitted that service of notice on the appellants wife cannot be treated as compliance of the mandate of law. Learned counsel for respondent No.1 did not dispute that the notice issued by his client was, in fact, served upon the appellants wife but argued that this should be treated as sufficient complianc