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      Question

      Under Section 142, cognizance of an offence under

      Section 138 can be taken only upon a complaint made within:
      A One month of the date on which the cause of action arises Correct Answer Incorrect Answer
      B Two months of the date on which the cause of action arises Correct Answer Incorrect Answer
      C Three months of the date on which the cause of action arises Correct Answer Incorrect Answer
      D Six months of the date on which the cause of action arises Correct Answer Incorrect Answer
      E One year of the date on which the cause of action arises Correct Answer Incorrect Answer

      Solution

      Section 142(1)(b) provides that the complaint must be made within one month of the date on which the cause of action arises under clause (c) of the proviso to Section 138. The complaint must be in writing and made by the payee or holder in due course. A proviso allows the court to condone delay if the complainant shows sufficient cause for not filing within the period. Only a Metropolitan Magistrate or Judicial Magistrate of the first class can try the offence.

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