| Category of Bare Act | Name of the Act | Year of Promulgation |
|---|---|---|
| Criminal Laws | Negotiable Instruments Act | 1881 |
| Act Number | Enactment Date | Chapter Number |
| 26 | 09.12.1881 | 17 |
| Chapter Title | Ministry | Department |
| Of Penalties in Case of Dishonour of certain Cheques for insuffiency of Funds in the Accounts | Ministry of Finance | Department of Financial Services |
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 Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under section 138].
3(2) The offence under section 138 shall be inquired into and tried only by a court within whose local jurisdiction,—
(a) if the cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course, as the case may be, maintains the account, is situated; or
(b) if the cheque is presented for payment by the payee or holder in due course, otherwise through an account, the branch of the drawee bank where the drawer maintains the account, is situated.
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1. Section 142 numbered as sub-section (1) thereof by Act 26 of 2015, s.
2 (w.e.f. 15-6-2015). 3. Ins. by Act 55 of 2002, s. 9, (w.e.f. 6-2-2003).
3. Ins. Act 26 of 2015, s. 3, (w.e.f. 15-6-2015).
4. ins. by Act. no. 26 of 2015
