NI Act MCQ Quiz in தமிழ் - Objective Question with Answer for NI Act - இலவச PDF ஐப் பதிவிறக்கவும்

The correct answer is Option 2.

Key PointsSection 119: Presumption on proof of protest.—

• In a suit upon an instrument which has been dishonoured, the Court shall, on proof of the protest, presume the fact of dishonour, unless and until such fact is disproved. 

Additional Information

• Section 118: Presumptions as to negotiable instruments
• Section 121:  Estoppel against denying capacity of payee to indorse
• Section 122: Estoppel against denying signature or capacity of prior party

The correct answer is Option 4.

Key PointsDifference between cheque and bill-of-exchange

1. A bill of exchange can be drawn on anyone, including a banker, unlike a cheque, which is drawn on a banker.
2. According to Section 19 of the Negotiable Instruments Act of 1881, a cheque is always payable immediately; a bill of exchange, however, is either payable immediately or after a certain amount of time.
3. One can cross a cheque to make it non-negotiable, but one cannot cross a bill of exchange.
4. Acceptance is not necessary for a cheque, but it is necessary for a bill of exchange.

Additional Information

• Section 5 of the Negotiable Instruments Act, 1881:  Bill of Exchange 
• Section 6 of the Negotiable Instruments Act, 1881:  Cheque  

The correct answer is option 2.Key Points

•  In the case of M/S Meters and Instruments Private Limited & Anr. Vs Kanchan Mehta 2018 (1) SCC 560, Hon'ble Supreme Court laid following observations:
  • The nature of offence under section 138 of the N.I Act is primarily related to a civil wrong and has been specifically made a compoundable offence.
  • Though compounding requires consent of both the parties, but even in absence of such consent, the Court can, in the interest of justice, on being satisfied that the complainant has been duly compensated, in its discretion, close the proceedings and discharge the accused.

The correct answer is Option 3.

Key Points

• Section 9 of NI Act deals with the holder in due course.
• The person must, for consideration, become the possessor of a promissory note, bill of exchange, or cheque.
• The negotiable instrument can be either payable to bearer or payable to order.
• The possessor must acquire the instrument before the amount mentioned in it becomes payable.
• The possessor should not have sufficient cause to believe that any defects exist in the title of the person from whom they derived their title.

The correct answer is Option 1.

Key Points

• Bank drafts are regulated by the banking laws and are not explicitly covered under the Negotiable Instruments Act, although they function similarly to other negotiable instruments.
• Section 13 of the Negotiable Instrument Act 1881 says, a “negotiable instrument” means a promissory note, bill of exchange or cheque payable either to order or to bearer.
• A negotiable instrument may be made payable to two or more payees jointly, or it may be made payable in the alternative to one of two, or one or some of several payees.

The correct answer is 99

Key PointsSection 99. Noting.—When a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder may cause such dishonour to be noted by a notary public upon the instrument, or upon a paper attached thereto, or partly upon each. Such note must be made within a reasonable time after dishonour, and must specify the date of dishonour, the reason, if any, assigned for such dishonour, or, if the instrument has not been expressly dishonoured, the reason why the holder treats it as dishonoured, and the notary’s charges.

The correct answer is Option 3. 

Key Points A negotiable instrument that is delivered conditionally or for a special purpose, such as collateral security or safe custody, is called an escrow. In this case, the instrument is not delivered for the purpose of transferring its ownership. 
An escrow is a type of security. It allows a transaction to be carried out safely without the risk of losing money.

The correct answer is Magistrate Court.

Key Points

• In India, cheque bouncing cases prosecuted under Section 138 of the Negotiable Instruments Act typically fall under the purview of Magistrate courts.
• Magistrate courts constitute the lowest tier of the Indian judicial system and are equipped to handle cases involving offenses punishable by imprisonment for a maximum duration of 3 years or a fine not exceeding ₹10,000.
• Under certain circumstances, cheque bouncing cases may be transferred to higher courts, including District courts or Session courts. Such instances arise when the accused individual faces charges under other sections of the Negotiable Instruments Act, such as Section 139 or Section 140, which carry stricter penalties.

The correct answer is Option 4.

Key PointsSection 118. Presumptions as to negotiable instruments.—
Until the contrary is proved, the following presumptions shall be made:—
(a) of consideration:—that every negotiable instrument was made or drawn for consideration, and that every such instrument, when it has been accepted, indorsed, negotiated or transferred, was accepted, indorsed, negotiated or transferred for consideration;
(b) as to date:—that every negotiable instrument bearing a date was made or drawn on such date;
(c) as to time of acceptance:—that every accepted bill of exchange was accepted within a reasonable time after its date and before its maturity;
(d) as to time of transfer:—that every transfer of a negotiable instrument was made before its naturity;
(e) as to order of indorsements:—that the indorsements appearing upon a negotiable instrument were made in the order in which they appear then on;
(f) as to stamp:— that a lost promissory note, bill of exchange or cheque was duly stamped;
(g) that holder is a holder in due course:—that the holder of a negotiable instrument is a holder in due course: provided that, where the instrutment has been obtained from its lawful owner, or from any person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the maker or acceptor thereof by means of an offence or fraud, or for unlawful consideration, the burden of proving that the holder is a holder in due course lies upon him.

The correct answer is Option 1.

Key PointsSection 145. Evidence on affidavit.—
(1)Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the evidence of the complainant may be given by him on affidavit and may, subject to all just exceptions be read in evidence in any enquiry, trial or other proceeding under the said Code.
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any person giving evidence on affidavit as to the facts contained therein.