Which of the following statements is/are correct? (1) Chapter XVII of the Negotiable Instruments Act,…
Statements (1) and (4) are correct: Act 66 of 1988 inserted Chapter XVII, and section 143(3) directs an endeavour to conclude trial within six months from the complaint. (2)…
Choose your answer
Which of the following statements is/are correct?
(1) Chapter XVII of the Negotiable Instruments Act, 1881 was inserted by Act 66 of 1988.
(2) For the purpose of Section 138 of the Negotiable Instruments Act, 1881 "debt or liability" means any debt or other liability.
(3) The period for issue of notice by the payee to the drawer from 15 days to 30 days was substituted by the Act 66 of 1988.
(4) Every trial of offences under Chapter XVII shall, as far as possible, be concluded within six months from the date of filing the complaint.
Answer and explanation
Correct answer B
Statements (1) and (4) are correct: Act 66 of 1988 inserted Chapter XVII, and section 143(3) directs an endeavour to conclude trial within six months from the complaint. (2) omits the essential legally enforceable qualification from section 138’s explanation. (3) names the wrong Act: Act 55 of 2002 changed the notice period from fifteen to thirty days. The six-month trial provision is an expedition direction with endeavour/as-far-as-practicable language, rather than automatic acquittal whenever a trial takes longer.
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