The question (15 marks)
State the ingredients of the offence under section 138 of the Negotiable Instruments Act 1881 and explain the requirements as to notice, with reference to decided cases. (15 marks)
MU Module 4, head 4.1; pack chapter on dishonour of a cheque under section 138.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · Negotiable Instruments and the Debt Recovery Tribunals of Law of Banking and Negotiable Instruments.
Authorities you will need
- C. C. Alavi Haji v. Palapetty Muhammed
- K. Bhaskaran v. Sankaran Vaidhyan Balan
- Rangappa v. Sri Mohan
- General Clauses Act 1897, s. 27; Indian Evidence Act 1872, s. 114
- Negotiable Instruments Act 1881, ss. 138, 139, 140, 141, 142
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.