Which filing is required for a court to take cognizance of an offence under section 138 of the…

Section 142(1)(a) requires a complaint in writing from the payee or holder in due course.

Choose your answer

Which filing is required for a court to take cognizance of an offence under section 138 of the Negotiable Instruments Act, 1881?

Answer and explanation

Correct answer B

Section 142(1)(a) requires a complaint in writing from the payee or holder in due course.

Option A

A police report does not meet the special complaint requirement.

Option B

Section 142(1)(a) requires a complaint in writing by the payee or holder in due course.

Option C

The Magistrate’s knowledge does not meet the written complaint requirement.

Option D

An unrelated third party does not have the required capacity to complain.