Cognizance of an offence under section 138 can be taken by a court only on a/an
A. Police report (section 142)
B. Complaint (section 142)
C. Application to the District Judge (section 142)
D. None of the above
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Proceedings under section 138 Negotiable Instruments Act 1881 which defence shall not be allowed?
A. The cheque is not signed by drawer
B. Complaint is not holder or holder in due course
C. Drawer had no reason to believe when he issued the cheque it may be dishonoured
D. He had not issued the cheque in discharge of legal liability
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Under Section 23 of Negotiable Instruments Act, a promissory note or bill of exchange, dated 31st August, 2018 is made payable three months after date. The instrument is at maturity of the . . . . . . . . ?
A. 30th November, 2018
B. 31st November, 2018
C. 1st December, 2018
D. 3rd December, 2018
Select an option to see the answer and solution.
Under section 11 of the Negotiable Instruments Act, a promissory note, bill of exchange or cheque drawn or made in India, and made payable in, or drawn upon any person resident in India is . . . . . . . .
A. Inland instrument
B. Foreign instrument
C. Negotiable instrument
D. Indorsement
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If the words "not negotiable" are used with special crossing in a cheque, the cheque is
A. Not transferable
B. Transferable
C. Negotiable under certain circumstances
D. None of the above
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A Magistrate issuing a summons to an accused or a witness can send it
A. By speed post
B. By courier services
C. By a courier services as are approved by a court of session
D. Both (A) and (C)
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The Negotiable Instruments Act, 1881 became operative from the date of
A. 9th December, 1881
B. 31st December, 1881
C. 1st March, 1881
D. 31st March, 1881
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Section 138 of the Negotiable Instruments Act, 1881, . . . . . . . . . . mens rea
A. Partially excludes
B. Includes
C. Sometime includes
D. None of the above
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Which option is correct, where a complaint under section 138 Negotiable Instruments Act is filed at premature stage i.e. before the expiry of period prescribed in demand notice of 15 days?
A. Court has no option but to dismiss the complaint
B. Such complaint should not be accepted at all
C. Cognizance can be taken afterwards when cause of action arises
D. None of the above
Select an option to see the answer and solution.
Cheque doesn't require any stamping.
A. True
B. False
C. Partly true
D. Partly false
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The maximum amount of fine which can be imposed under Section 138 of Negotiable Instruments Act is
A. Ten Thousand Rupees
B. One Lakh Rupees
C. Equal to the cheque's amount
D. Twice of the cheque's amount
Select an option to see the answer and solution.
A draws a bill on B for 1 500 payable to the order of A. B accepts the bill, but subsequently dishonours it by non-payment. Asues B on the bill. B proves that it was accepted for value as to 1 400, and as an accommodation to the plaintiff as to the residue. Thus, as per the provisions of the Negotiable Instruments Act, 1881, A can only recover the following amount:
A. 1 900
B. 1 500
C. 1 400
D. 1 100
Select an option to see the answer and solution.
Which of the following section of Negotiable Instruments Act is related with presumption?
A. Section 119
B. Section 137
C. Section 139
D. All of these
Select an option to see the answer and solution.
Under section 138 of Negotiable Instruments Act, complaint may be made within from cause of action arises -
A. 15 days
B. One month
C. 45 days
D. Two months
Select an option to see the answer and solution.
If the person committing an offence under Section 138 of the Negotiable Instruments Act, 1881, is a company, the following shall be deemed to be guilty of the offence:
A. A person who, at the time the offence was committed, was in charge of, and was responsible for the conduct of the business of the company and not the company
B. The company, in its name
C. A Director of the Company nominated by the Central Government
D. A person, in charge of and responsible for the conduct of the business of the company, as well as the company
Select an option to see the answer and solution.
Match
List I with
List II and select the correct answer by using the given below the lists:
List I
List II
a. Cognizance of offences
1. Section 138 of the Negotiable Instruments Act, 1881
b. Offences by companies and firms
2. Section 142 of the Negotiable Instruments Act, 1881
c. Dishonour of cheque for insufficiency of funds
3. Section 143 of the Negotiable Instruments Act, 1881
d. Power of court to try cases summarily
4. Section 141 of the Negotiable Instruments Act, 1881
A. a-1, b-2, c-3, d-4
B. a-2, b-4, c-1, d-3
C. a-3, b-1, c-4, d-2
D. a-4, b-2, c-1, d-3
Select an option to see the answer and solution.
The Provision, that "no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try offence punishable under Section 138", exists under
A. Clause (b) of Section 142 of the Negotiable Instruments Act, 1881
B. Clause (a) of Section 142 of the Negotiable Instruments Act, 1881
C. Clause (c) of Section 142 of the Negotiable Instruments Act, 1881
D. Section 143 of the Negotiable Instruments Act, 1881
Select an option to see the answer and solution.
The Drawer shall be held . . . . . . . . under section 138 if he has stopped payment after issuing the cheque.
A. Not liable
B. Liable
C. Not sure
D. Both (A) and (B)
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In which of the following cases did Supreme Court hold that complaint for dishonor of cheque can be filed at the place where cheque was lodged and not where cheque was issued?
A. A. C. Narayan v. State of Maharashtra
B. P. J. Agro v. Water Base Ltd.
C. Bridgestone India (P) Ltd. v. Inderpal Singh
D. Standard Chartered Bank v. State of Maharashtra
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Whether director is liable if the cheque issued on behalf of company is dishonored?
A. Yes, he is liable, if he was in charge of and was reasonable for the conduct of business of the company
B. No, only company is liable
C. No, director is not liable
D. None of the above
Select an option to see the answer and solution.