Supreme Court · 2009 INSC 677 · Decided 5 May 2009

Raj Kumar Khurana v. State of (Nct of Delhi) & ANR.

Court
Supreme Court of India
Citation
2009 INSC 677 · [2009] 7 S.C.R. 434
Case number
CRIMINAL APPEAL No. 913/2009
Decided
5 May 2009
Bench
S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
NI Act Section 138

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 was whether the return of a cheque by D 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 E HELD:1.1. A bare perusal of section 138 of Negotiable

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