In the trial of an offence under section 138 of the Negotiable Instruments Act, 1881, the provisions of…
Section 143(1) of the Negotiable Instruments Act, 1881 provides that offences under section 138 shall be tried summarily and that the summary-trial provisions of the Code of…
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In the trial of an offence under section 138 of the Negotiable Instruments Act, 1881, the provisions of sections 285 to 288 of the Bharatiya Nagarik Suraksha Sanhita, 2023:
Answer and explanation
Correct answer A
Section 143(1) of the Negotiable Instruments Act, 1881 provides that offences under section 138 shall be tried summarily and that the summary-trial provisions of the Code of Criminal Procedure (sections 262 to 265, now sections 285 to 288 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced the Code from 1 July 2024) shall, as far as may be, apply. The Magistrate may still convert the case into a regular trial, after hearing the parties and recording an order, if a sentence of imprisonment exceeding one year may have to be passed or summary trial is otherwise undesirable.
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