For cognizance to be taken of the offence of dishonour of cheque for insufficiency of funds in the…
Under proviso (a) to s.138 NI Act, the prerequisite is that "The cheque must have been presented to the bank within the period of its validity or within six months from the…
Choose your answer
For cognizance to be taken of the offence of dishonour of cheque for insufficiency of funds in the account, which of the following are prerequisites:
Answer and explanation
Correct answer A
Under proviso (a) to s.138 NI Act, the prerequisite is that "The cheque must have been presented to the bank within the period of its validity or within six months from the date on which it was drawn, whichever is earlier." The complainant need not prove by independent evidence that the cheque was issued for discharge of a debt or liability, because s.139 raises a presumption to that effect in his favour.
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