A Court can take the cognizance of an offence under section 138 of Negotiable Instruments Act?
A. Upon Police Report
B. Upon Complaint
C. Upon self Knowledge of Magistrate
D. Upon other's knowledge
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M drew a cheque amounting to Rs. 2 lakh payable to N and subsequently delivered to him. After receipt of cheque N endorsed the same to C but kept it in his safe locker. After sometime, N died, and P found the cheque in N's safe locker. State the nature of the Instrument as amounting to indorsement under the Negotiable Instruments Act, 1881.
A. Yes its an endorsement, as P becomes the holder of the cheque that he found in the N's safe locker
B. No, its not an endorsement, as P does not become the holder of the cheque
C. Yes, its an endorsement, as P was a ultimate custodian of the cheque
D. No, its not an endorsement, as Nendorsed it to Cand not to the P
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What is the punishment prescribed for the offence punishable under Section 138 of the Negotiable Instruments Act?
A. Imprisonment for a term which may be extended to two years or with fine which may extend to twice the amount of the cheque or with both
B. Imprisonment for a term which may be extended to one year or with fine which may extend to the amount equivalent to the amount of the cheque or with both
C. Imprisonment for a term which may be extended to two years or with fine which may extend to the amount equivalent to the amount of the cheque or with both
D. Imprisonment for a term which may be extended to two years or with fine which may extend to thrice the amount of the cheque or with both
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Section 138 of the Negotiable Instruments Act provides penal provisions in case of dishonour of cheque, if it is presented to the Bank within a period of three months:
A. From the date on which it is drawn only
B. From the date on which payee makes demand
C. From the date on which demand of payee accepted
D. From the date on which it is drawn or within the period of its validity whichever is earlier
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The complaint for taking cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881 has to be made:
A. Within 15 days of the cause of action
B. Within one month of the cause of action
C. Within three months of the cause of action
D. Within six months of the cause of action
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In which judgment, under the Negotiable Instruments Act, 1881 the Hon'ble Supreme Court held that though compounding requires consent of both the parties, but even in absence of such consent, the Court can, in the interest of justice, on being satisfied that the complainant has been duly compensated, in its discretion, close the proceedings and discharge the accused:
A. Madhya Pradesh State Legal Service Authority v. Prateek Jain, 2015 (1) SCC (Cri) 211
B. Meters and Instruments Private Limited v. Kanchan Mehta, AIR 2017 SC 4594
C. JIK Industries Ltd. v. Amarlal V. Jumani & Anr., AIR 2012 SC 1079
D. Damodar S. Prabhu v. Sayyed Bala Lal H., AIR 2010 SC 1907
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Offence under Section 138 of the Negotiable Instruments Act, 1881 is triable by the court on the basis of
A. Police report
B. Report from third person
C. Complaint by the holder or holder in due course
D. Suo motu
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Who among the following has defined jurisprudence as 'the knowledge of things divine and human, the science of right and wrong?'
A. Blackstone
B. Hobbes
C. Salmond
D. Ulpian
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Effect of 'not negotiable' crossing is mentioned under
A. Section 125
B. Section 130
C. Section 131
D. Section 128
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What is the statutory notice period for intimating dishonour of cheque under Section 138 of the Negotiable Instruments Act?
A. 15 days
B. One month
C. Three months
D. Three weeks
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The effect of a notice under clause (b) of section 138 of Negotiable Instruments Act is -
A. The payee forfeits the right to again present the cheque for payment
B. The payee can present the cheque for payment
C. The payee can present the cheque with the permission of the court
D. None of the above
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Can a 'notice in writing' envisaged in section 138(b) of the Negotiable Instruments Act, 1881, be sent by telegraph?
A. No [V. Raju v. P. Subbarama Naidu, AIR 1931 Mad 301]
B. Yes [M. V. Muthuramlingam v. D. Narayanswamy, (1995) 3 Comp Cas 77 Mad]
C. Yes [A. B. Steels v. Krishna Finance, (1996) 86 Comp Cas 295 (Mad)]
D. None of the above
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A promissory note or bill of exchange which is not expressed to be payable on demand, at sight or on presentment is at maturity
A. On the 30th day after the day on which it is expressed to be payable
B. On the 3rd day after the day on which it is expressed to be payable
C. On the 5th day after the day on which it is expressed to be payable
D. On the 4th day after the day on which it is expressed to be payable
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Who is 'holder in due course'?
A. A person who holds negotiable instrument in the name of his spouse
B. A person who holds negotiable instrument in his name
C. A person who becomes possessor of negotiable instrument without consideration
D. A person who becomes possessor of negotiable instrument payable to bearer for consideration
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In determining reasonable time for the purpose of a negotiable instrument
A. Public holidays are excluded
B. Public holidays are included
C. Only the holidays observed by banks are excluded
D. None of the above
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In which section of Negotiable Instruments Act "holder in Due Course" is defined?
A. Section 07
B. Section 10
C. Section 09
D. Section 13
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The Negotiable Instruments Act, 1881 applies to
A. The whole of India including State of Jammu and Kashmir
B. The whole of India except the State of Jammu and Kashmir
C. Those states as notified by the Union Government from time to time in the Official Gazette
D. The whole of India except the State of Jammu and Kashmir and the North-Eastern States
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Which of the following is not a negotiable instrument?
A. Cheque
B. Pronote
C. Hundies
D. None of these
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The presumptions under Section 118 of the Act do not include -
A. Presumption that holder of a cheque received the cheque for discharge of any debt or other liability
B. Presumption as to time of acceptance
C. Presumption as to date
D. Presumption as to order of endorsement
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Which of the following sections enables the court to cancel the bond and ball bond:
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