The provision that “no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of…
Clause (c) of section 142(1) of the Negotiable Instruments Act, 1881 provides that no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the…
Choose your answer
The provision that “no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any offence punishable under section 138” exists under which provision?
Answer and explanation
Correct answer C
Clause (c) of section 142(1) of the Negotiable Instruments Act, 1881 provides that no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try an offence punishable under section 138. Clause (a) requires a written complaint by the payee or holder in due course, clause (b) fixes the time for the complaint, and section 143 deals with summary trial.
Current law: The 2015 amendment numbered the existing clauses of section 142 as sub-section (1) and added the territorial-jurisdiction rules in section 142(2); the minimum trial-court rule in section 142(1)(c) remains distinct from them.
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