ObjectiveMcq
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The delay in filing a complaint under Section 138 of the Negotiable Instruments Act, 1881, can be condoned:
Correct Answer: C — Under Section 142 of the Negotiable Instruments Act, 1881
The correct answer is Under Section 142 of the Negotiable Instruments Act, 1881.
Section 142 of the NI Act deals with cognizance of offences. It provides that no court shall take cognizance of any offence punishable under Section 138 except upon a written complaint made by the payee or the holder in due course.
The proviso to Section 142(1)(b) specifically states that 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. This is the provision under which delay can be condoned.