What form does section 142(1)(a) of the Negotiable Instruments Act, 1881, require for a complaint alleging an offence under section 138?
Question and options
What form does section 142(1)(a) of the Negotiable Instruments Act, 1881, require for a complaint alleging an offence under section 138?
A written complaint
An oral or written complaint at the complainant’s choice
A written complaint that section 142(1)(a) requires to be supported by an affidavit
An oral statement before a magistrate
Answer and explanation
Correct answer: A - A written complaint
Section 142(1)(a) requires a written complaint by the payee or holder in due course. Section 145 separately permits the complainant’s evidence to be given by affidavit.
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