Supreme Court of India
Raj Kumar Khurana v. State of (nct of Delhi) & Anr.
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2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that the complaint petition does not disclose an offence punishable under Section 138 of the Act.
Judgment, page 8
From the headnote
Negotiable Instruments Act, 1881: " s. 138 - Refusal of bank to honour the cheque on the c ground that it was reported lost by the drawer would not attract the penal provisions contained in section 138 of the Act - lntprpretation of Statues - Legal fiction. The question which arose for consideration in the present appeal was whether the return of a cheque by the bank on the ground that it was reported lost by the drawer would attract the penal provisions contained in section 138 of the Negotiable Instruments Act, 1881. Allowing the appeal, the Court HELD:1.1. bare perusal of section 138 of
Where later benches applied it
- 2016 M/s Umesh Goel v. Himachal Pradesh Cooperative Group Housing Society Ltd.
- 2019 Bir Singh v. Mukesh Kumar
Of those, 1 distinguished · 1 referred to
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