Mens rea has no place while determining penal liability under Section 138 of the Negotiable Instruments Act, 1881'. This statement is:
A. Correct
B. Wrong
C. Partly correct
D. Depends upon facts of the case
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It shall not be a defence in a prosecution for an offence under Section 138 that the drawer had no reason to believe when he issued the cheque that the cheque may be dishonoured on presentment for the reasons stated in the Section. This statement is:
A. False
B. Partly true
C. True
D. None of the above
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Who among the following is empowered to take cognizance of any offence committed under Section 138 of the Negotiable Instruments Act, 1881
A. The Chief Managing Director of the Bank
B. The Banking Ombudsman
C. The Metropolitan Magistrate or Judicial Magistrate of the 1st Class
D. The Executive Magistrate
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In every trial, under Section 143 of the Negotiable Instruments Act, 1881, an endeavour shall be made to conclude the trial:
A. Within six months from the date of filling the complaint
B. Within nine months from the date of filing the complaint
C. Within twelve months from the date of filing the complaint
D. Within one month from the date of filing the complaint
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If a prosecution for an offence under Section 138 the fact that drawer had no reason to believe when he issued the cheque that the cheque may be dishonoured on presentment
A. Shall be a defence
B. Shall not be a defence
C. Shall be sufficient to dislodge the presumption under Section 139
D. Shall be a ground to refuse the issuance of process
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Dishonour by non-acceptance takes place
A. When the bill is properly presented for acceptance, except where presentment is excused, but the drawee makes the default in accepting it
B. When the bill is properly presented for acceptance, except where presentment is excused, but the drawee makes the default in paying it
C. When the bill is properly presented for payment, except where presentment is excused, but the drawee fails to accept it
D. None of the above
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The Negotiable Instruments Act 1881, section 4 covers . . . . . . .
A. Promissory note
B. Bills of Exchange
C. Cheque
D. All of them
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Court can take cognizance of any offence punishable under Section 138 of the Negotiable Instruments Act
A. Suo motu
B. Upon a complaint in writing made by the payee
C. Upon a police report
D. None of the above
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Court shall not take cognizance of any offence punishable under Section 138 of the Negotiable Instruments Act, 1881 unless complaint is made within:
A. One month
B. Fifteen days
C. Two months
D. Three months
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The dishonour of cheque is a punishable offence under section . . . . . . . . of the Negotiable Instruments Act 1881.
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Negotiable instrument is defined under
A. Section 25 of Reserve Bank of India
B. Section 13 of Banking Regulation Act
C. Section 13 of Negotiable Instruments Act
D. Section 3 of Banking Instruments Act
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When a Negotiable Instrument is dishonoured, the liable party pays compensation to
A. Holder
B. Bank
C. Endorser
D. Court
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The judgment in Dashrath Rupsingh Rathod v. State of Maharashtra related to
A. Liability of Directors
B. Limitation to file Complaint
C. Summary trials
D. Territorial jurisdiction
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A notice of protest under section 102 of the Negotiable Instruments Act, 1881
A. May be given by the notary public who makes the protest
B. Must always be given by the notary public who makes the protest
C. Must be given by the holder
D. None of the above
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The delay in filing a complaint under Section 138 of the Negotiable Instruments Act, 1881, can be condoned:
A. Under Section 5 of the Indian Limitation Act, 1963
B. Under Section 138 of the Negotiable Instruments Act, 1881
C. Under Section 142 of the Negotiable Instruments Act, 1881
D. Under Section 143 of the Negotiable Instruments Act, 1881
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Under which provision of the Negotiable Instruments Act, a person who is nominated as a Director of a company by virtue of his holding any office or employment in the Central Government or State Government or a Financial Corporation owned or controlled by the Central or State Government, is not liable for prosecution?
A. Section 140
B. Section 141
C. Section 143
D. Section 142
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Who should make a complaint to a court for the purpose of taking cognizance of an offence under section 138?
A. The payer or as the case may be, the holder in due course of the cheque
B. Any person who is effected can make a complaint
C. The payee with the written permission of the drawee
D. None of the above
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Within how much time from the date on which cause of action arises, the complaint for the offence punishable under Section 138 of the Negotiable Instruments Act should be filed?
A. One month
B. Thirty days
C. Three months
D. Six months
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What is the meaning of payment of cheque crossed specially?
A. The banker on whom it is drawn shall not pay it otherwise than to the banker to whom it is crossed, or his agent for collection
B. The banker on whom the cheque is drawn shall not pay it otherwise than to a banker
C. Payment of cheque amount across the counter
D. Payment of cheque amount to the agent of payee
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Which of the following statements is correct in relation to bouncing of a cheque?
A. Offence of cheque bouncing is a compoundable offence
B. Every trial of cheque bouncing shall be concluded within 3 months
C. In trial of such cases, provisions of u/s 262 to 265 of CrPC will not apply
D. In case of conviction in summary trial of such cases, Magistrate shall pass a sentence of imprisonment for a term of 2 years
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