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