No court shall take cognizance of offence under Section 138 of the Negotiable Instruments Act, 1881…
Section 142(1)(a) bars cognizance "except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque". An oral complaint…
Choose your answer
No court shall take cognizance of offence under Section 138 of the Negotiable Instruments Act, 1881 except on:
Answer and explanation
Correct answer B
Section 142(1)(a) bars cognizance "except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque". An oral complaint does not suffice, the bank is not the complainant, and the offence does not proceed on a police report.
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