Negotiable Instrument Act - Part: VIth

101. Which provisions of the Negotiable Instrument Act mandates that the offences punishable under Section 138 of the NI Act shall be tried summarily?

a. Section 141

b. Section 142

c. Section 143

d. Section 144

102. 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.

103. Under Section 138 of NI Act, complaint may be made within ........... from cause of action arises -

a. 15 days

b. One month

c. 45 days

d. Two months.

104. For the purpose of attracting the provisions of Section 138 of the NI Act, a cheque has to be presented to the bank within a period of

a. Six months

b. 15 days from the date on which it is drawn.

c. Three months from the date on which it is drawn or within the period of its validity whichever is earlier.

d. None of the above.

105. A per Section 147 of the NI Act, 1881, every offence punishable under the Act is

a. Compoundable 

b. Non-Compoundable 

c. Cognizable

d. Both b and c above

106. 'Mens rea has no place which determining penal liability under Section 138 of the NI Act, 1881. This statement is:

a. Correct

b. Wrong 

c. Partly correct.

d. Depends upon facts of the case.

107. When the cause of action accrue, if the cheque issued by the drawer is dishonour?

a. On the date receipt of information by bank regarding the return of cheque as unpaid.

b. On the date when notice is issed by payee to the drawer.

c. On the date drawer of cheque fails to make the payment of cheque amount to payee within 15 days from the receipt of demand notice.

d. None of these.

108. Supreme Court has laid down certain directions to criminal courts for speedy and expeditious disposal of cases falling under Section 138 of the NI Act, 1881 in the case of -

a. Indian Bank Association and others v. Union of India.

b. Rangappa v. Mohan

c. Associated Cement Company Limited v. Kesirwananad

d. K. Bhaskaran v. S. V. Balan.

109. Section 138 of the NI Act deals with

a. Punishment for dishonour of cheque.

b. Rights of holder.

c. Rights of holder in due Course.

d. None of the above.

110. In which court, the complainanit has to file an appeal against the order of acquittal under Section 138 of the Act?

a. Court of session

b. High Court

c. CJM

d. Either Court of Session or High Court.

111. What procedure of trial is provided to the court against the matter related with penalties if comes under any Section of the Chapter XVII of the NI Act, 1881?

a. Session Trial 

b. Summary Trial

c. Warrant Trial

d. Summons Trial.

112. Which of the following Sections of NI Act is related with presumption?

a. Section 119

b. Section 137

c. Section 139

d. All of these.

113. In a prosecution under Section 138 of NI Act, 1881, it shall not be a defence that -

a. The cheque does not bear his signature.

b. That the cheque was not issued for the discharge of any debt or other liability.

c. That the Cheque has not been presented to the bank within period of six months from the date on which it is drawn or from the period of its validity whichever is earlier.

d. That the drawer had no reason to believe when he issued the cheque that the cheque may be dishonoured on presentment.

114. Which one of the following court is empowerd to try the offence relating to dishonur of cheque for insufficiency etc. Under the NI Act, 1881?

a. Judicial Magistrate the Second Class.

b. Judicial Magistrate First Class

c. Banking Ombudsman

d. None of the above.

115. Power of the Court to try cases summarily given under Section:

a. 143 of the Negotiable Instrument Act

b. 142 of the Negotiable Instrument Act\

c. 138 of the Negotiable Instrument Act

d. 139 of the Negotiable Instrument Act

116. Every trial under Section 143 of the NI Act, 1881, shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial:

a. Within three months from the date of filing of the complaint.

b. Within one months from the date of filing of the complaint.

c. within six months form the date of filing of the complaint.

d. within one year from the date of filing of the complaint.

117. In Every trial, under Section 143 of the NI 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.

118. In a recent case Supreme Court has held that where the cheque amount with interest and cost as assessed by the Court is paid by a specified date, the Court is entitled to close the proceedings in exercise of its powers under Section 143 of the Act read with Section 258 CrPC. That case is

a. M/S Meters an Instruments Pvt. Ltd and Anr. v. Kanchan Mehta.

b. K.M. Ibrahim v. K.P Mohammad and other

c. Damoda S. Prabhu v. Sayed Babalal H.

d. M.P. State Legal Service Authority v. Prateek Jain.

119. Section 141 of the NI Act deals with the offence caused by the 

a. Government Servants

b. Individual and companies both.

c. Individual alone.

d. Companies.

120. Which one of the following is a prescribed period of limitation for taking cognizance to the Court against the offence committed under Section 138 of the Negotiable Instrument Act. 1881?

a. 60 days from the date of writing the cheque and if informed to the Court is writing only.

b. 90 days from the date of writing the cheque and if complaint made to the Court orally.

c. 15 days from the date of writing the cheque and if informed to the Court written or orally both.

d. 30 days from the date of cause of action arises if the complaint made in writing to the Court.


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