Which one of the following has the power to try any offence punishable under Section 138 of the…
Under section 142(1)(c) of the Negotiable Instruments Act, 1881, no court inferior to that of "A Metropolitan Magistrate or a Judicial Magistrate of the First Class" shall…
Choose your answer
Which one of the following has the power to try any offence punishable under Section 138 of the Negotiable Instruments Act, 1881?
Answer and explanation
Correct answer D
Under section 142(1)(c) of the Negotiable Instruments Act, 1881, no court inferior to that of "A Metropolitan Magistrate or a Judicial Magistrate of the First Class" shall try any offence punishable under section 138. A Judicial Magistrate of the Second Class is an inferior court, and Executive Magistrates and the District Magistrate (in his executive capacity) have no jurisdiction to try the offence.
Current law: The BNSS court structure from 1 July 2024 does not retain a separate Metropolitan Magistrate category; section 6 lists Judicial Magistrates of the first and second classes, while section 142(1)(c) of the NI Act continues to specify a Metropolitan Magistrate or a Judicial Magistrate of the First Class as the minimum competent judicial grade.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
Himachal Pradesh Judicial Services
-
CUET PG Law (LL.M.)
Subject revision