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How can a court take cognizance of an offence under section 138 of the Negotiable Instruments Act, 1881?

Section 142(1)(a) of the Negotiable Instruments Act requires a written complaint by the payee or holder in due course for cognizance of a section 138 offence. The ordinary…

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How can a court take cognizance of an offence under section 138 of the Negotiable Instruments Act, 1881?

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Answer and explanation

Correct answer D

Section 142(1)(a) of the Negotiable Instruments Act requires a written complaint by the payee or holder in due course for cognizance of a section 138 offence.

The ordinary police-report route cannot replace that special requirement.

Option feedback

Option A

Section 142(1)(a) requires a written complaint by the specified complainant before cognizance.

Option B

A police charge sheet does not substitute for the statutory complaint.

Option C

Knowledge of dishonour alone does not qualify the complainant. The complainant must be the payee or the holder in due course.

Option D

The payee or holder in due course must make a written complaint.

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