CSEET · Business Laws and Management · Elements of Law relating to Negotiable Instruments
Which of the following is the maximum punishment prescribed by Section 138 for dishonour of a cheque for insufficiency of funds?
Section 138 prescribes imprisonment which may extend to two years, or a fine which may extend to twice the amount of the cheque, or both. The court may impose either punishment or both together, subject to the provisos being satisfied.
- AImprisonment up to one year, or fine up to the amount of the cheque, or both
- BImprisonment up to two years, or fine up to twice the amount of the cheque, or bothCorrect
- CImprisonment up to three years, or fine up to three times the amount of the cheque, or both
- DImprisonment up to six months only, with no fine
Explanation
Section 138 provides imprisonment for a term which may extend to two years, or fine which may extend to twice the amount of the cheque, or both. The one-year and cheque-amount options understate the penalty.
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