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 dishonoured with the re