Section 142 - Cognizance of offences : Negotiable Instruments Act 1881

What is Cognizance of offences? Cognizance of offences are defined under Section 142 of Negotiable Instruments Act 1881

 

Section 142 of Negotiable Instruments Act 1881: "Cognizance of offences"

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:

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 Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under section 138.