Under section 142(1)(a) of the Negotiable Instruments Act, 1881, what is required for a court to take…
Section 142(1)(a) requires a written complaint made by the payee or holder in due course of the cheque. A police report, a Magistrate's personal knowledge, and third-party…
Choose your answer
Under section 142(1)(a) of the Negotiable Instruments Act, 1881, what is required for a court to take cognizance of a section 138 offence?
Answer and explanation
Correct answer B
Section 142(1)(a) requires a written complaint made by the payee or holder in due course of the cheque.
A police report, a Magistrate's personal knowledge, and third-party information do not independently meet that requirement.
Option feedback
Option A
A police report cannot replace the written complaint specified in section 142(1)(a).
Option B
The provision requires a written complaint by the payee or holder in due course.
Option C
The Magistrate's personal knowledge cannot replace the specified complaint.
Option D
A third party's information cannot replace the specified complaint.
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