81. For what term of imprisonment an offender under Section 138 of the Negotiable Instruments Act can be punished
a. For a term which may extend to two years.
b. For a term which may extend to one year.
c. For a term exceeding three years.
d. None of the above.
82. Dishonour of cheque for insufficiency of funds etc. in the account related to
a. Section 137 of N.I. Act.
b. Section 138 of N.I. Act
c. Section 139 of N.I. Act
d. Section 141 of N.I Act
83. In an appeal by the drawer against his conviction under Section 138 of Negotiable Instruments Act, what minimum amount of fine or compensation can be ordered by the appellate court to be deposited by the appellant.
a. 20 percent
b. 25 percent
c. 10 percent.
d. 5 percent.
84. Chapter XVII containing sections 138 to 142 was introduced in the Negotiable Instruments Act.
a. Act 65 of 1988
b. Act 66 of 1988
c. Act 67 of 1988
d. Act 68 of 1988
85. In case presentation of instrument for acceptance or payment is delayed,..........
a. The responsibility of all the parties thereto end
b. It becomes ineligible for payment.
c. The delay can be execused if it is caused by circumstances outside the control of the holder and not because of his negligence, default or misconduct.
d. The delay can be execused if it is caused by circumstances outside the control of the holder, or due to his negligence, but not if caused due to default or misconduct.
86. How much time is given for complaint for 'dishonour' of cheque?
a. 45 days of intimation of dishonour
b. 90 days of intimation of dishonour
c. 30 days of intimation of dishonour.
d. 15 days of intimation of dishonour.
87. What is the presumption to be drawn under Section 139 of the Negotiable Instruments Act?
a. That the holder of the cheque received the cheque for the discharge, in whole or in part, of any debt or other liability.
b. That the drawer had duly signed the cheque.
c. That the cheque was dishonoured for want of sufficient funds.
d. That the cheque in question had not expired on the date of its presentation.
88. In which judgement, the Hon'ble Supreme Court laid down that a complaint based on a second or successive dishonour of cheque is maintainable, if no complaint based on an earlier dishonour of cheque followed by statutory notice on the basis thereof had been filed:
a. Leathors v. S. Palaniappan and Anr.
b. Sadanandan Bhadran v. Madhavan Sunil Kumar.
c. Sil Import USA v. Exim Aides Silk Exporters Banglore.
d. Krishna Exports and ors v. Raju Das.
89. In which provision the Court may grant time to pay court fees in complaint under Section 138 of NI Act, 1881?
a. Under proviso of Section 138 of NI Act.
b. Under proviso of Section 142 of NI Act
c. Section 33 of Court Fees Act, 1870
d. Section 35 of Court Fees Act, 1870
90. How much punishment is provided under Section 138 of NI Act, 1881?
a. Imprisonment for term which may extend to two years or with fine which may extend to twice the amount of the cheque of with both.
b. Imprisonment for term which may extend to one year or with fine which may extend to twice the amount of the cheque of with both.
c. Imprisonment for term which may extend to two years or with fine which may extend to twice the amount of the cheque.
d. Only imprisonment for term which may extended to two years.
91. For cognizance to be taken of the offence of dishonour of cheque for insufficiency of funds in the account, which of the following are prerequisites:
a. The cheque must have been presented to the bank within the period of its validity or within six months from the date on which it was drawn, which ever is earlier.
b. The complainant must prove by independent evidence that the cheque was issued for discharge of a debt or liability.
c. Both of the above.
d. None of the above.
92. Director of a company is liable for an offence committed by the company under Section 138 of the NI Act,
a. because he is a Director.
b. If he is a person - in - charge of and responsible to the company for conduct of business of the company.
c. If he is a Director and shareholder with at least 5 % shares.
d. If he is a resident of India
93. The offence of dishonour of cheque excludes -
a. Strict liability.
b. Absolute liability.
c. Mens rea
d. All of the above.
94. What are the defences available against proceedings under Section 138 of NI Act?
a. absence of a legally enforceable debt or liability.
b. Absence of legal notice of 15 days.
c. lack of jurisdiction.
d. All of the above.
95. "That there must be specific allegation regarding the role playes by each of the directors, then only played by each of the prosecution under Section 138 of the Negotiable Instruments Act". In which of the following cases this statement was made:
a. Devi Iyers v. Nawab Jan.
b. Y. Srelatha v. Mukand Chand Bothra.
c. Tord Engineers India Ltd v. Nagarjuna Finance Ltd.
d. BIPs System Ltd v. State.
96. Nothing in Section 138 NI act shall apply unless
a. Cheque is presented within one month from the date of issuance of cheque.
b. Cheque presented within three month from the date of issuance of cheque.
c. The cheque has been presented to the bank within a period of six months or within the period of its validity whichever is earlier from the date on which it is drawn.
d. None of these.
97. Proceedings under Section 138 NI Act 1881 which defence shall not be allowed?
a. The cheque is not signed by drawer.
b. Compaint 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.
98. A person (payee) signs a bank cheque and gives the same to another person (holder) and the holder fills up the blank space pertaining to amount and date and presents the same in his bank account and it is dishonoured. In such a situation, which of the following statement would be correct?
a. The holder has committed forgery.
b. The cheque will have to be treate as invalid.
c. The Bank would not accept the cheque.
d. The holder will be entitled to maintain a complaint filed upon the cheque being dishonoured upon being presented in the bank.
99. The effect of a notice under clause (b) of Section 138 of the NI 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.
100. What is the punishment prescribe for the offence punishable under Section 138 of the NI 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 of with fine which may extend to the amount equivalent to the amout of the cheque or with both.
d. Imprisonment for a term which may be extended to two years of with fine which may extend to thrice the amount of the cheque or with both.
CLICK HERE: PART VI
0 Comments