ObjectiveMcq
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'Mens rea has no place while determining penal liability under Section 138 of the Negotiable Instruments Act, 1881'. This statement is:
Correct Answer: A — Correct
The correct answer is Correct.
The statement is accurate because Section 138 of the NI Act imposes penal liability on the drawer of the cheque regardless of their intention or knowledge at the time of issuing the cheque.
Section 138 deals with dishonour of cheque for insufficiency of funds. The three conditions under its proviso are: the cheque must be presented within six months from the date of drawing or within its validity period; the payee must give written notice to the drawer within thirty days of receiving information about the dishonour; and the drawer must fail to make payment within fifteen days of receipt of such notice.