Supreme Court of India · 2009-05-05
RAJ KUMAR KHURANA vs STATE OF (NCT OF DELHI)
- Citation / case number
- SC 2007/36635
- Court
- Supreme Court of India
- Petitioner
- RAJ KUMAR KHURANA
- Respondent
- STATE OF (NCT OF DELHI)
- Author
- S.B. SINHA
Judgment text excerpt
The Supreme Court addressed whether the return of a cheque due to it being reported lost by the drawer constitutes an offence under Section 138 of the Negotiable Instruments Act, 1881. The Court held that such a return does not attract penal provisions under Section 138, as the drawer's intention to defraud must be established. The appeal was dismissed, affirming the High Court's decision that the complaint was not maintainable under the Act in this context.