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A Court can take cognizance of an offence under section 138 of the Negotiable Instruments Act:

Section 142(1)(a) permits cognizance of section 138 only on a written complaint by the payee or holder in due course. It is not initiated for cognizance on a police report…

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A Court can take cognizance of an offence under section 138 of the Negotiable Instruments Act:

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Section 142(1)(a) permits cognizance of section 138 only on a written complaint by the payee or holder in due course. It is not initiated for cognizance on a police report or merely the Magistrate's or another person's knowledge. The separate limitation and competent-court conditions must also be met.

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