Director of a company is liable for an offence committed by the company under Section 138 of the Negotiable Instruments Act, 1881:

Which of the Section of Negotiable Instruments Act, 1881 provides that "where a person is nominated as a Director of a company by virtue of his holding any office or employment in the Central Government or the State Government, as the case may be, he shall not be held liable for an-offence under Section 138 of the Act, committed by a company?"

A

Proviso (one) to Section 141(1)

B

Proviso (two) to Section 141(1)

C

Sub-section 2 of Section 141

D

None of the above

Which one of the following Sections of the Negotiable Instruments Act, 1881, deals with offence committed by a company under Section 138?

A

Section 139

B

Section 140

C

Section 141

D

Section 142

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

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 Instruments Act, 1881?

A

60 days from the date of writing the cheque and if informed to the Court in 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

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 1^st Class

D

The Executive Magistrate

Which provisions of the Negotiable Instruments Act mandates that the offences punishable under Section 138 of the Negotiable Instruments Act shall be tried summarily?

A

Section 141

B

Section 142

C

Section 143

D

Section 144

Consider the following statements for deflection and null type instruments: 1. Deflection type of instruments are more accurate than null type of instruments. 2. Deflection type of instruments can be highly sensitive as compared with the null type of instruments. 3. Null type of instruments are more suitable for measurements under dynamic conditions than deflection type of instruments. Which of the above statements are not correct?

A

1 and 2 only

B

1 and 3 only

C

1, 2 and 3

D

2 and 3 only

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

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

In which of the following judgments has the Supreme Court held that only those courts within whose territorial limits the drawee bank is situated, would have jurisdiction to try the cases for offence under Section 138 of the Negotiable Instruments Act, 1881?

A

K. Bhaskaran v. Sankaran Vaidhyan Balan and Another, (1999) 7 SCC 510

B

Dashrath Rupsingh Rathood v. State of Maharashtra and Another, (2014) 9 SCC 129

C

State of Bihar and Others v. Kalyanpur Cement Limited, (2010) 3 SCC 274

D

None of the above

Director of a company is liable for an offence committed by the company under Section 138 of the Negotiable Instruments Act, 1881:

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