Which filing can support a court taking cognizance of a section 138 offence under section 142(1)(a) of…

Section 142(1)(a) requires a written complaint from the payee or holder in due course before a court can take cognizance of a section 138 offence.

Choose your answer

Which filing can support a court taking cognizance of a section 138 offence under section 142(1)(a) of the Negotiable Instruments Act, 1881?

Answer and explanation

Correct answer B

Section 142(1)(a) requires a written complaint from the payee or holder in due course before a court can take cognizance of a section 138 offence.

Option A

Section 142(1)(a) requires a written complaint from a person in a specified capacity, so a police report alone is insufficient.

Option B

A written complaint from the payee or holder in due course is the prescribed basis under section 142(1)(a).

Option C

The Magistrate’s own knowledge cannot replace the required written complaint.

Option D

A person who is neither the payee nor the holder in due course lacks the required capacity.