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For an offence under section 138 of the Negotiable Instruments Act, 1881, which option gives both the…

Section 142(1)(a) specifies both the written form and the eligible complainant. A written complaint by the payee satisfies this requirement, and the holder in due course is…

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For an offence under section 138 of the Negotiable Instruments Act, 1881, which option gives both the required form of complaint and the complete set of persons who may make it under section 142(1)(a)?

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Answer and explanation

Correct answer D

Section 142(1)(a) specifies both the written form and the eligible complainant.

A written complaint by the payee satisfies this requirement, and the holder in due course is independently eligible.

Section 142(1)(b) and (c) address time and the competent court separately.

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Option A

A person does not qualify simply because the dishonour aggrieved them. The statute identifies two categories of eligible complainant.

Option B

The payee may file, and the holder in due course may also file.

Option C

An oral complaint is insufficient because section 142(1)(a) requires a complaint in writing.

Option D

Section 142(1)(a) requires a written complaint by the payee or holder in due course of the cheque.

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