Question

A complaint against an offence under Section 138 of the 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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