A complaint against an offence under Section 138 of the

Q: Answer-A complaint against an offence under Section 138 of the Negotiable Instrument Act

Section 142 of Negotiable Instrument Act 1881 1a no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque b such complaint is made within one month of the date on which the cause of action arises under clause c of the proviso to section 138.

Negotiable Instrument Act

A Must be in writing Correct Answer Incorrect Answer

B May be in oral or in writing Correct Answer Incorrect Answer

C May be oral statement before notary Correct Answer Incorrect Answer

D Must be in writing and followed by affidavit Correct Answer Incorrect Answer

Solution

Section 142 of Negotiable Instrument Act 1881 – 1(a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque; (b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138.

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Relevant for Exams:

CBI APP and PP

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