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may 2009

Supreme Court of India · 2009-05-05

Raj Kumar Khurana vs State Of (Nct Of Delhi) & Anr

Court
Supreme Court of India
Petitioner
Raj Kumar Khurana
Respondent
State Of (Nct Of Delhi) & Anr
Author
S.B. Sinha
Bench
Mukundakam Sharma, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed whether the return of a cheque reported lost by the drawer constitutes an offence under Section 138 of the Negotiable Instruments Act, 1881. The Court held that the dishonour of a cheque due to it being reported lost does not attract penal provisions under Section 138, as the drawer's intention to defraud must be established. Consequently, the appeal was dismissed, affirming the High Court's decision that the complaint was not maintainable under the Act.

Raj Kumar Khurana vs State Of (Nct Of Delhi) & Anr · Niyam