Which of the following circumstances will attract section 138 of the Negotiable Instruments Act, 1881?
Insufficient funds is expressly covered by section 138. NEPC Micon treats closed-account dishonour as covered, and Modi Cements explains that stopping payment does not by…
Choose your answer
Which of the following circumstances will attract section 138 of the Negotiable Instruments Act, 1881?
Answer and explanation
Correct answer D
Insufficient funds is expressly covered by section 138. NEPC Micon treats closed-account dishonour as covered, and Modi Cements explains that stopping payment does not by itself avoid liability. Each ground can therefore attract section 138, provided the legally enforceable debt and statutory presentation, notice and failure-to-pay requirements are satisfied. This is not automatic conviction merely because a cheque was returned.
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