Legal Question in Criminal Law in India

The Supreme Court in Raj Kumar Khurana vs State of NCT of Delhi held on 5/5/09 in CRIMINAL APPEAL NO. 913 OF 2009 that only in two contingencies prosecution under Sec. 138 of NI Act will be permitted. They are in case of "Insufficient Funds" and " Where the amount exceeds arrangement. [Justice S.B. Sinha and Mukundakam Sharma.]

Does it mean that �stop payment� and �a/c closed� will not attract prosecution? What about earlier judgements?


Asked on 8/30/09, 10:58 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The earlier judgements still hold the field. Stop payment and a/c closed may also invite same penalty.

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Answered on 8/30/09, 11:06 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

i agree with Mr. Goel

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Answered on 8/30/09, 1:50 pm
Shrichand Nahar S.V.Nahar, Advocate

You need to have said ruling interpreted from your lawyer.

One need to see whether the ratio or law laid down is in the particular facts of the case or a general proposition.

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Answered on 8/31/09, 1:15 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

The earlier judgements will still have its force .

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Answered on 8/31/09, 2:36 am


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