The Negotiable Instrument, 1881 MCQs SET-7

The Negotiable Instrument, 1881 MCQs SET-7

Download NIA MCQs With Solution PDF

Download NIA One Liner Notes PDF

Download NIA ALL MCQs + One Liner Notes

Also Explore:

NIA One Liner Notes

NIA Important Case Laws

NIA Bare Act

There are 7 Sets of MCQs available for Negotiable Instrument Act, you are advised to explore all the sets : 

NIA MCQs Set -1

NIA MCQs Set -2

NIA MCQs Set -3  

NIA MCQs Set -4

NIA MCQs Set -5

NIA MCQs Set -6

NIA MCQs Set -7

 

1. The same law also determines:

a. Validity of endorsement

b. Stamp Duty

c. Rate of interest

d. Sufficiency of notice of dishonour

 

2. In the illustration, the bill was:

a. Drawn in France

b. Drawn in Washington

c. Drawn and indorsed in India

d. Drawn in London

 

3. The bill was accepted payable in:

a. France

b. India

c. California

d. Washington

 

4. Protest of dishonour was made according to:

a. Indian law

b. French law

c. English law

d. American law

 

5. Even if not according to Indian rules, the notice was:

a. valid

b. Invalid

c. Void

d. Illegal

 

6. Section 136 of the Negotiable Instruments Act deals with:

a. Instruments made outside India but according to Indian law

b. Negotiation

c. Dishonour

d. Crossing

 

7. The section applies when instrument is made:

a. Within India

b. Outside India

c. In bank

d. In court

 

8. The instrument must be made according to:

a. Foreign law

b. Court Rules

c. Bank rules

d. Law of India

 

9. If agreement is invalid under foreign law:

a. Instrument becomes void everywhere

b. Subsequent acceptance in India still valid

c. Negotiation prohibited

d. Payment refused

 

10. The section protects:

a. Subsequent acceptance

b. Subsequent endorsement

c. Both A and B

d. None

 

11. The acceptance or endorsement must occur:

a. Outside India

b. Within India

c. In bank

d. In court

 

12. The rule ensures:

a. Validity of later transactions in India

b. Cancellation of instrument

c. Court control

d. Government control

 

13. The law applied to instrument formation is:

a. Law of India

b. Foreign law

c. Bank rule

d. Court rule

 

14. Section 137 of the Negotiable Instruments Act deals with:

a. Presumption regarding foreign law

b. Negotiation

c. Crossing

d. Dishonour

 

15. The section relates to foreign law regarding:

a. Promissory notes

b. Bills of exchange

c. Cheques

d. All of the above

 

16. The law of a foreign country is presumed to be:

a. Different from Indian law

b. Same as Indian law

c. Higher than Indian law

d. Lower than Indian law

 

17. This presumption applies:

a. Always permanently

b. Until contrary proved

c. Only in bank cases

d. Only in civil cases

 

18. The burden of proof lies on:

a. Person claiming foreign law is different

b. Court

c. Bank

d. Government

 

19. Section 138 of the Negotiable Instruments Act deals with:

a. Dishonour of cheque for insufficiency of funds

b. Negotiation of cheque

c. Crossing of cheque

d. Acceptance of bill

 

20. Section 138 applies when a cheque is drawn:

a. On any person

b. On an account maintained with a banker

c. On a court

d. On government treasury

 

21. The cheque must be issued for discharge of:

a. Donation

b. Gift

c. Debt or other liability

d. Bank charges

 

22. The cheque may be dishonoured when:

a. Funds are insufficient

b. Amount exceeds arrangement with bank

c. Both A and B

d. Signature mismatch

 

23. Dishonour under Section 138 constitutes:

a. Civil wrong only

b. Criminal offence

c. Bank offence

d. Administrative offence

 

24. The punishment may include:

a. Imprisonment up to two years

b. Fine up to twice the amount of cheque

c. Both A and B

d. Only warning

 

25. The cheque must be presented within:

a. 3 months

b. 6 months or validity period, whichever earlier

c. 1 year

d. 30 days

 

26. The payee must send written notice within:

a. 15 days

b. 30 days of bank intimation

c. 60 days

d. 90 days

 

27. The drawer must make payment within:

a. 7 days

b. 10 days

c. 15 days of receiving notice

d. 30 days

 

28. Section 139 of the Negotiable Instruments Act deals with:

a. Presumption in favour of holder

b. Dishonour of cheque

c. Negotiation

d. Protest

 

29. The section applies to cheques referred to in:

a. Section 130

b. Section 50

c. Section 80

d. Section 138

 

30. The court shall presume:

a. Cheque issued for donation

b. Cheque issued for debt or liability

c. Cheque issued for gift

d. Cheque issued for bank charges

 

31. This presumption applies:

a. Always permanently

b. Unless contrary is proved

c. Only by bank order

d. Only by court direction

 

32. The presumption benefits:

a. Drawer

b. Bank

c. Holder of Cheque

d. Government

 

33. The holder is presumed to have received the cheque for:

a. Gift

b. Debt or liability

c. Donation

d. Charity

 

34. The liability may be discharged:

a. In whole

b. In part

c. Both A and B

d. None

 

35. The burden of proof to rebut presumption lies on:

a. Holder

b. Drawer

c. Bank

d. Court

 

36. This presumption strengthens prosecution under:

a. Section 138

b. Section 80

c. Section 50

d. Section 90

 

37. Section 140 of the Negotiable Instruments Act deals with:

a. Defence not allowed in prosecution under Section 138

b. Negotiation

c. Crossing

d. Protest

 

38. This section applies in prosecution under:

a. Section 80

b. Section 50

c. Section 138

d. Section 30

 

39. The drawer cannot defend himself by saying:

a. He had no reason to believe cheque would be dishonoured

b. Cheque was signed

c. Cheque was crossed

d. Cheque was negotiable

 

40. The defence relates to:

a. Drawer’s belief regarding dishonour

b. Holder’s signature

c. Bank charges

d. Court order

 

41. Even if the drawer believed funds were sufficient:

a. Defence allowed

b. Defence not allowed

c. Case dismissed

d. Cheque cancelled

 

42. Section 141 of the Negotiable Instruments Act deals with:

a. Dishonour of cheque

b. Offences by companies

c. Presumption as to negotiable instruments

d. Cognizance of offences

 

43. When an offence under Section 138 is committed by a company:

a. Only the company is liable

b. Only the director is liable

c. The company and persons in charge of its business are liable

d. Only the bank is liable

 

44. A person in charge of and responsible to the company for conduct of business:

a. Is deemed guilty of the offence

b. Is automatically discharged

c. Is liable only for civil damages

d. Is not liable unless director

 

45. A person shall not be liable under Section 141 if he proves:

a. The cheque amount was small

b. The offence was committed without his knowledge or he exercised due diligence

c. The bank made an error

d. The cheque was post-dated

 

46. A director nominated by the Government or financial corporation:

a. Is always liable

b. Is liable only after approval

c. Is not liable for prosecution under this Chapter

d. Is liable only for civil damages

 

47. If the offence was committed with consent or connivance of any officer:

a. Only the company is liable

b. Only the bank is liable

c. The officer is also deemed guilty

d. The offence becomes void

 

48. Officers who may be liable under Section 141 include:

a. Director, manager, secretary or other officer

b. Only shareholders

c. Only auditors

d. Only employees

 

49. A company under Section 141 includes:

a. Only incorporated companies

b. Only public companies

c. Any body corporate including firms or associations

d. Only multinational corporations

 

50. In relation to a firm, the term “director” means:

a. Manager

b. Partner

c. Secretary

d. Employee

 

51. Liability of officers under Section 141 arises when offence is attributable to:

a. Bank error

b. Court order

c. Consent, connivance or neglect of such officer

d. Government notification

 

52. Section 142 of the Negotiable Instruments Act deals with:

a. Cognizance of offences under Section 138

b. Negotiation

c. Acceptance

d. Protest

 

53. No court shall take cognizance of offence under Section 138 except on:

a. Police report

b. Written complaint by payee or holder in due course

c. Bank report

d. Court order

 

54. The complaint must be made:

a. Within 15 days

b. Within one month from cause of action

c. Within 6 months

d. Within 3 months

 

55. Court may take cognizance after prescribed period if:

a. Bank allows

b. Court satisfied with sufficient cause

c. Drawer agrees

d. Holder demands

 

56. Offence under Section 138 can be tried only by:

a. Any Magistrate

b. Judicial Magistrate First Class or Metropolitan Magistrate

c. Civil Court

d. High Court

 

57. Jurisdiction lies where cheque delivered for collection through account at:

a. Drawer’s bank branch

b. Payee’s bank branch

c. Government bank

d. Reserve Bank

 

58. If cheque presented directly for payment:

a. Jurisdiction where drawer maintains account

b. Jurisdiction where payee lives

c. Jurisdiction where bank manager lives

d. Jurisdiction where cheque signed

 

59. If cheque delivered to any branch of payee’s bank:

a. Treated as delivered to branch where account maintained

b. Treated as delivered to drawer’s bank

c. Treated as dishonoured

d. Treated as cancelled

 

60. The section overrides provisions of:

a. Indian Penal Code

b. Code of Criminal Procedure

c. Contract Act

d. Evidence Act

 

61. Section 142A of the Negotiable Instruments Act deals with:

a. Validation for transfer of pending cheque dishonour cases

b. Negotiation

c. Crossing

d. Acceptance

 

62. This section validates transfer of cases under:

a. Section 141

b. Section 142(2)

c. Section 138

d. Section 130

 

63. The provision overrides:

a. Code of Criminal Procedure

b. Any court judgment or order

c. Both A and B

d. Bank rules

 

64. Cases transferred to court under Section 142(2):

a. Are invalid

b. Deemed validly transferred

c. Need new filing

d. Must be cancelled

 

65. If complaint against same drawer already pending in a court:

a. Future complaints filed in same court

b. Must file in different courts

c. Bank decides jurisdiction

d. Court cancels cases

 

66. This applies even if cheque presented in:

a. Different territorial jurisdiction

b. Same jurisdiction

c. Different country

d. Different bank

 

67. If multiple prosecutions pending in different courts:

a. All continue separately

b. Transferred to court where first case filed

c. Cancelled

d. Sent to High Court

 

68. Transfer occurs when fact is brought to notice of:

a. Bank

b. Court

c. Drawer

d. Police

 

69. The amendment validating transfers came in:

a. Negotiable Instruments (Amendment) Act, 2015

b. Contract Act

c. IPC Amendment

d. Banking Regulation Act

 

70. Section 143 of the Negotiable Instruments Act deals with:

a. Summary trial of cheque dishonour cases

b. Negotiation

c. Crossing of cheques

d. Interest rules

 

71. Offences under this Chapter shall be tried by:

a. Civil Judge

b. Judicial Magistrate First Class or Metropolitan Magistrate

c. District Judge

d. High Court only

 

72. The provisions applied for summary trials are from:

a. IPC

b. Code of Criminal Procedure (Sections 262–265)

c. Contract Act

d. Evidence Act

 

73. In a summary trial under this section, imprisonment may extend up to:

a. Six months

b. three months

c. Two years

d. One year

 

74. Fine in such summary trial may:

a. exceed ₹5000

b. Not Exceed ₹5000

c. Not exceed ₹10000

d. Be unlimited

 

75. If Magistrate feels punishment may exceed one year:

a. Case dismissed

b. Trial converted to regular procedure

c. Cheque cancelled

d. Drawer discharged

 

76. In such situation, Magistrate must:

a. Recall witnesses already examined

b. Record order and rehear case

c. Both A and B

d. Refer to High Court

 

77. Trial should continue:

a. Weekly

b. Monthly

c. Day-to-day as far as practicable

d. At court convenience

 

78. Adjournment beyond next day requires:

a. Consent of parties

b. Written reasons by Court

c. Bank approval

d. Police permission

 

79. Section 143A of the Negotiable Instruments Act deals with:

a. Interim compensation in cheque dishonour cases

b. Negotiation

c. Crossing

d. Acceptance

 

80. The court may order interim compensation when:

a. Drawer pleads not guilty in summary or summons case

b. Charge is framed in other cases

c. Both A and B

d. Only after conviction

 

81. Interim compensation may be ordered against:

a. Holder

b. Drawer of cheque

c. Bank

d. Court

 

82. The maximum interim compensation is:

a. 20% of cheque amount

b. 10% of cheque amount

c. 50% of cheque amount

d. Full cheque amount

 

83. Interim compensation must be paid within:

a. 30 days

b. 60 days

c. 90 days

d. 120 days

 

84. Court may extend payment period by:

a. 15 days

b. 20 days

c. 30 days

d. 60 days

 

85. If drawer is acquitted, the complainant must:

a. Keep compensation

b. Return compensation with interest

c. Pay double amount

d. Pay penalty

 

86. Interest on refund is calculated at:

a. Court rate

b. Bank rate published by RBI

c. Fixed 12%

d. Fixed 18%

 

87. Interim compensation may be recovered:

a. As civil decree

b. As fine under CrPC Section 421

c. Through bank order

d. Through police action

 

88. Amount paid as interim compensation will be:

a. Ignored in final order

b. Doubled later

c. Deducted from final fine or compensation

d. Returned to bank

 

89. Section 144 of the Negotiable Instruments Act deals with:

a. Mode of service of summons

b. Negotiation

c. Acceptance

d. Protest

 

90. Section 144 overrides provisions of:

a. Indian Penal Code

b. Code of Criminal Procedure

c. Evidence Act

d. Contract Act

 

91. A Magistrate may direct summons to be served by:

a. Speed post

b. Approved courier service

c. Both A and B

d. Police officer only

 

92. The summons may be served at the place where the accused:

a. Resides

b. Carries on business

c. Personally works for gain

d. All of the above

 

93. Courier services used must be approved by:

a. High Court

b. Court of Session

c. Supreme Court

d. Government

 

94. If acknowledgment signed by accused is received:

a. Service deemed valid

b. Service deemed invalid

c. Court must issue fresh summons

d. Police verification required

 

95. If the accused refuses delivery of summons:

a. Service invalid

b. Service deemed valid

c. Case dismissed

d. Notice cancelled

 

96. Refusal endorsement may be made by:

a. Postal department

b. Courier service authority

c. Both A and B

d. Court clerk

 

97. The summons may also be issued for:

a. Witness

b. Only accused

c. Only bank official

d. Only complainant

 

98. Section 145 of the Negotiable Instruments Act deals with:

a. Evidence on affidavit

b. Negotiation

c. Acceptance

d. Protest

 

99. This section overrides provisions of:

a. IPC

b. Code of Criminal Procedure

c. Contract Act

d. Evidence Act

 

100. The complainant may give evidence:

a. Orally only

b. By affidavit

c. By written agreement

d. By bank record

 

101. Evidence given on affidavit may be:

 a. Ignored

 b. Read as evidence

 c. Considered hearsay

 d. Treated as invalid

 

102. Affidavit evidence may be used in:

a. Inquiry

b. Trial

c. Other proceedings

d. All of the above

 

103. The court may summon the person giving affidavit:

a. Never

b. If it thinks fit

c. Only after conviction

d. Only on appeal

 

104. The court shall summon such person if:

a. Bank requests

b. Application by prosecution or accused

c. Government requests

d. Court clerk requests

 

105. The purpose of summoning is:

a. Cross-examination

b. Clarification of affidavit facts

c. Both A and B

d. Cancellation of affidavit

 

106. The rule speeds up:

a. Trial procedure

b. Negotiation

c. Payment

d. Acceptance

 

107. Section 145 mainly facilitates:

a. Use of affidavit evidence in cheque dishonour cases

b. Negotiation rules

c. Interest rules

d. Payment rules

 

108. Section 146 of the Negotiable Instruments Act deals with:

a. Bank slip as prima facie evidence of dishonour

b. Negotiation

c. Acceptance

d. Protest

 

109. The section applies in proceedings under:

a. Civil Procedure Code

b. Banking Regulation Act

c. Contract Act

d. This Chapter of the Act

 

110. The Court shall presume dishonour when:

a. Bank memo produced

b. Bank slip with official mark produced

c. Court record produced

d. Drawer admits dishonour

 

111. The presumption arises unless:

a. Court orders otherwise

b. Fact is disproved

c. Bank refuses

d. Drawer objects

 

112. The slip or memo must contain:

a. Official mark of bank

b. Signature of drawer

c. Court seal

d. Government stamp

 

113. The presumption relates to:

a. Dishonour of cheque

b. Validity of cheque

c. Payment of cheque

d. Negotiation

 

114. Section 147 of the Negotiable Instruments Act deals with:

a. Compounding of offences

b. Negotiation

c. Acceptance

d. Protest

 

115. Section 147 overrides provisions of:

a. Contract Act

b. Code of Criminal Procedure

c. Evidence Act

d. IPC

 

116. Offences punishable under this Act are:

a. Non-compoundable

b. Compoundable

c. Civil only

d. Administrative

 

117. Compounding means:

a. Settlement between parties

b. Court conviction

c. Police action

d. Bank decision

 

118. Compounding may occur:

a. During trial

b. During appeal

c. At any stage

d. Only before trial

 

119. The purpose is to:

a. Encourage settlement

b. Increase punishment

c. Delay cases

d. Cancel cheques

 

120. Compounding usually occurs between:

a. Drawer and payee

b. Bank and court

c. Government and bank

d. Police and court

 

121. Once offence is compounded:

a. Case continues

b. Case ends

c. New trial starts

d. Bank investigates

 

Download NIA MCQs With Solution PDF