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The Negotiable Instruments Act, 1881

( ACT NO. XXVI OF 1881 )

1Chapter XVII

ON PENALTIES IN CASE OF DISHONOUR OF CERTAIN CHEQUES FOR INSUFFICIENCY OF FUNDS IN THE ACCOUNT

Cognizance of offences
141. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898),-
 
 
 
 
(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[(c) no court inferior to that of a Court of Sessions shall try any offence punishable under section 138.]]
 
 
 
 

  • 1
    The “CHAPTER XVII” including sections 138 to 141 were substituted, for “CHAPTER XVII” including sections 138 and 139” by section 2 of the Negotiable Instruments (Amendment) Act, 1994 (Act No. XIX of 1994).
  • 2
    Clause (c) of section 141 was substituted, for the former clasue (c) by section 4 of the Negotiable Instruments (Amendment) Act, 2006 (Act No. III of 2006)
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