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MUKUNDAKAM SHARMA, S.B.SINHA
Raj Kumar Khurana – Appellant
Versus
State of (NCT of Delhi) – Respondent
Judgment :-
S.B. SINHA, J.
1. Leave granted.
2. Whether 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 (for short "the Act") is the question involved in this appeal. It arises out of a judgment and order dated 18.09.2007 passed by the High Court of Delhi in Criminal M.C. No. 2890 of 2007.
3. The said question arises in the following factual matrix.
Appellant kept two blank cheques in his office along with some stamp papers. They were said to have been stolen from his office. Information as regards missing of the said cheques was also given to the bank. He lodged a First Information Report with regard thereto, stating:
"...On my return to Digras, I found that the cheques and the stamp worth Rs. 50 bearing only my signatures had been stolen, therefore, to prevent any misuse of my cheques, I sent a written information to State Bank, Branch Digras and subsequently on 21-04-01 I filed a complaint in Police Station Digras...."
The blank cheques were allegedly filled up on 24.06.2001. They were presented before the bank but the same were returned disho
Yogendra Gupta VS Renu Agrawal - Dishonour Of Cheque (2010): Explicitly stated as "impliedly overruled by the judgment of Raj Kumar Khurana (supra)" due to consideration by the Apex Court.
Yogendra Gupta VS Renu Agrawal - Crimes (2010): Explicitly stated as "impliedly overruled by the judgment of Raj Kumar Khurana (supra)" due to consideration by the Apex Court.
Yogendra Gupta VS Renu Agrawal - 2010 0 Supreme(MP) 1063: Explicitly stated as "impliedly overruled by the judgment of Raj Kumar Khurana (supra)" due to consideration by the Apex Court.
Pratap Singh VS Ramratan - 2009 0 Supreme(MP) 1290: Cited as a decision relied upon by learned counsel ("Learned counsel placed reliance on a decision in the matter of Raj Kumar Khurana Vs, State of (NCT of Delhi)"), indicating positive treatment.
J. haratbhai Patel VS State of Gujarat - Dishonour Of Cheque (2013): Relied upon and quoted extensively ("Reliance is placed on Raj Kumar Khurana v. ... The Hon’ble Supreme Court in the case of Raj Kumar Khurana (supra) has observed thus"), showing it is followed.
Bharatbhai Patel VS State of Gujarat - 2013 0 Supreme(Guj) 658: Cited and quoted ("Hegde... as well as in the case of Raj Kumar Khurana v. ... The Hon'ble Supreme Court in the case of Raj Kumar Khurana (supra) has observed thus"), indicating reliance.
Bharatbhai J. Patel VS State of Gujarat - Dishonour Of Cheque (2013): Cited and quoted similarly ("Hegde... as well as in the case of Raj Kumar Khurana v. ... The Hon’ble Supreme Court in the case of Raj Kumar Khurana (supra) has observed thus"), showing positive treatment.
R. D. Sharma VS State of Uttarakhand - 2013 0 Supreme(UK) 646: Ruling applied to cover the controversy ("The controversy in hand is covered by the ruling of Raj Kumar Khurana’s case (supra)"), indicating followed.
Ratnesh Jaiswal VS State of U. P. Thur. Secy. Home Deptt. Civil Secret. - 2013 0 Supreme(All) 3084: Relied upon by counsel ("Learned counsel for the revisionist relied upon the case of Raj Kumar Khurana v."), positive citation.
Dilipkumar Nalinkant Gandhi VS State of Gujarat - 2015 0 Supreme(Guj) 2373: Reliance placed upon it ("Reliance was placed upon the decision of the Supreme Court in the case of Raj Kumar Khurana v."), followed.
Ramswaroop Tyagi VS Omkarnath Pandey - 2015 0 Supreme(MP) 671: Reliance placed and cited with approval ("By placing reliance on 2009 CrLJ 3454 (SC) (Rajkumar Khurana v.)"), followed.
Amritlakshmi Machine Works VS Commissioner of Customs (Import) - 2016 0 Supreme(Bom) 88: Cited as recent Supreme Court decision ("State of (NCT of Delhi) and Anr., (2009)6 SCC 72"), positive reference.
Sumit Kumar Singh VS State of U. P. - 2016 0 Supreme(All) 2155: Law laid down considered ("taking into consideration the ... law laid down by the Hon'ble Supreme Court in Raj"), relied upon.
Nikhil P. Gandhi VS State of Gujarat - Dishonour Of Cheque (2016): Cited as authority ("See: Raj Kumar Khurana v. State of (NCT of Delhi) and another, (2009) 6 SCC 72"), followed.
Nikhil P Gandhi VS State of Gujarat - 2016 0 Supreme(Guj) 908: Cited as authority ("See: Raj Kumar Khurana v. State of (NCT of Delhi) and another, (2009) 6 SCC 72"), followed.
Nikhil P. Gandhi VS State of Gujarat - Crimes (2016): Cited as authority ("See: Raj Kumar Khurana v. State of (NCT of Delhi) and another, (2009) 6 SCC 72"), followed.
Umesh Goel VS Himachal Pradesh Cooperative Group Housing Society Ltd. - 2016 5 Supreme 149: Cited alongside other cases ("Bormal... Raj Kumar Khurana v. State of (NCT of Delhi)"), positive grouping.
Swadesh Debbarma VS Kamala Bangcher - 2016 0 Supreme(Tri) 383: Borne in mind as relevant case law ("I also bear in mind the case law report in (2009)6 SCC 72 Raj Kumar Khurana vs."), considered positively.
Madhusudan Mohanlal Somani VS State of Gujarat - 2017 0 Supreme(Guj) 841: Cited as key precedent ("See: Raj Kumar Khurana v. State of (NCT of Delhi) and another, (2009) 6 SCC 72"), followed.
Bir Singh VS Mukesh Kumar - 2019 3 Supreme 129: Distinguished on facts but not criticized ("The judgment of this Court in Raj Kumar Khurana vs. ... was rendered in the particular facts of the case"), still cited.
Kushal Kawaduji Singanjude VS Ramnarayan Durgaprasad Agrawal (Kejadiwal) - 2019 0 Supreme(Bom) 1157: Cited for holding ("State of (NCT of Delhi) reported at (2009) 6 SCC 72, it is held that Legal fiction cannot be taken recourse"), relied upon.
Supertreads VS Kirshan Lal - 2020 0 Supreme(HP) 49: Cited and expostulated upon ("Kumar Khurana vs. State of (NCT of Delhi) and another, (2009) 6 SCC 72 , (a) wherein, it becomes expostulated"), positive engagement.
Ranjit VS State of U. P. - 2020 0 Supreme(All) 162: Considered alongside other judgments ("This Court has also considered the judgments of the Apex Court in the cases of of Raj Kumar Khurana"), followed.
Naveen Saxena VS State of U. P. - 2021 0 Supreme(All) 453: Cited for holding and relied upon ("State of (NCT of Delhi) and Another, (2009) 6 SCC 72, wherein it is held that... Reliance is also placed"), followed.
Rajeev Ranjan Sinha VS Sushil Kumar Saxena - 2022 0 Supreme(Del) 424: Used to seek benefit ("to get the benefit of the judgment in Raj Kumar Khurana v."), positive reliance.
Bhanu Pratap Singh VS State Of U. P. Thru. Prin. Secy. Home - 2022 0 Supreme(All) 1685: Relied upon ("He also relied on the decision of Hon'ble Supreme Court in the case of Raj Kumar Khurana vs."), followed.
Kamal Moni Dutta VS Narayan Chandra Roy - 2023 0 Supreme(Cal) 777: Cited but distinguished on facts ("The judgment of this Court in Raj Kumar Khurana vs. ... was rendered in the particular facts"), similar to Bir Singh VS Mukesh Kumar - 2019 3 Supreme 129.
Bobby Anand @ Yogesh Anand VS State of U. P. - 2023 0 Supreme(All) 907: Cited alongside others ("the judgment of the Apex Court in the case of Raj Kumar Khurana vs."), positive.
Shri Indrakumar Jain VS Dainik Bhaskar - 2024 0 Supreme(Bom) 256: Cited as precedent ("Raj Kumar Khurana v/s. State of NCT of Delhi and Anr. : (2009) 6 SCC 72"), followed.
Mohd. Mohsin VS State of Uttar Pradesh - 2024 0 Supreme(All) 1034: Highly relied upon and quoted ("State of (NCT of Delhi) and another, (2009) 6 SCC 72. ... The judgement of the Apex Court in the case of Raj Kumar Khurana (supra) which has been highly relied upon"), strongly followed.
S.C. BAJAJ Vs STATE & ANR. - 2025 Supreme(Online)(Del) 1611: Reliance placed ("He placed reliance on the judgement passed by the Hon’ble Apex Court in Raj Kumar Khurana v."), followed.
Yogendra Gupta VS Renu Agrawal - Current Civil Cases (2010): Describes a holding on Section 138 applicability ("Where cheque was returned unpaid because of death of a partner... it will not attract penal provision"), no explicit treatment indicator.
Sadhna Chaurasia VS Punjab National Bank - 2010 0 Supreme(MP) 772: Mentions alongside other cases ("State of (NCT of Delhi) and another, (2009) 6 SCC 72. ... Mehta and others"), listed in chain of precedents, no treatment specified.
Sadhna Chourasia VS Punjab National Bank - 2010 0 Supreme(MP) 769: Reliance placed on related Special Bench decision, but case itself cited in context ("Similar view was expressed... in Manoj Kumar v. ... has placed reliance on the decision of the Special Bench"), indirect citation.
Thalappakatti Naidu Ananda Vilas Biriyani Hotel, Represented by its Partner, N. Dhanabalan VS Thalapakattu Biriyani and Fast Food temporarily called as "Chennai Rawther Thalapakattu Biriyani" Represented by its Partner - 2011 0 Supreme(Mad) 2917: Cited in discussion of legal principles ("In State of Maharashtra vs. ... State {2009 (6) SCC 72}"), referenced but no direct treatment.
M. Arun Ahluwalia VS Arun Oberoi - 2011 0 Supreme(Del) 481: Mentions "Raj Kumar Khanna" (likely variant spelling) in context of reliance on cheque facts ("Reliance is placed on Raj Kumar Khanna v."), but focuses on examination of witness, treatment implied positive but unclear.
Bharatbhai J. Patel VS State of Gujarat - Current Civil Cases (2013): States a holding ("Provisions of Section 138 of N.I. Act would not apply in case of loan advance"), no treatment indicator.
R. Kalyani VS Janak C. Mehta - 2008 7 Supreme 794: States general principle on inherent powers ("High Court can exercise its inherent power even suo motu"), no treatment relative to others.
None identified. All cases have sufficient contextual indicators for categorization based on explicit language or clear citation patterns.
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