Court shall not take cognizance of any offence punishable under Section 138 of the Negotiable Instruments Act, 1881 unless complaint is made within

Option A: One month

Option B: Fifteen days

Option C: Two months

Option D: Three months

Correct Answer

Option: a

Explanation

Cognizance of offences.—1 [(1)] Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),— (a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque; (b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138: 2 [Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period;] (c) no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under section 138.].

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