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In a prosecution for cheque dishonour under section 138 of the Negotiable Instruments Act, 1881, which…

Section 140 excludes the drawer’s lack of reason to expect dishonour for the grounds stated in section 138. Whether the accused drew the cheque, whether it discharged an…

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In a prosecution for cheque dishonour under section 138 of the Negotiable Instruments Act, 1881, which defence does section 140 expressly exclude?

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Answer and explanation

Correct answer D

Section 140 excludes the drawer’s lack of reason to expect dishonour for the grounds stated in section 138. Whether the accused drew the cheque, whether it discharged an enforceable liability and whether it was presented in time concern the elements of section 138.

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Option A

Whether the cheque was drawn by the accused remains material. A genuine challenge to execution is distinct from the defence excluded by section 140.

Option B

An enforceable debt or liability is required by section 138. The holder’s presumption under section 139 is rebuttable.

Option C

Timely presentation is a condition under proviso (a) to section 138, which uses the earlier of the six-month statutory limit and actual validity.

Option D

Section 140 specifically excludes lack of reason to expect dishonour when the cheque was issued.

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