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may 2009

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.

RAJ KUMAR KHURANA vs STATE OF (NCT OF DELHI) · Niyam