AIBE XIV — September 2019 — Q.43 (Negotiable Instruments Act, 1881)

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Q.43

Tort, MV Act & Consumer Protection Medium Act + Section Given

Bare Act Negotiable Instruments Act, 1881 · Section 138

The liability under Section 138 of the Negotiable Instruments Act, 1881 is-

✓ Strict liability Answer

B Vicarious liability

C Both’ A’ and ‘8’

D None of the above

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Explanation & Strategy

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Liability under Section 138 NI Act (dishonour of cheque) is on the drawer of the cheque. It's a criminal liability requiring: (1) cheque drawn for legally enforceable debt/liability, (2) dishonoured for insufficient funds, (3) demand notice issued, (4) failure to pay within 15 days.

1 Look up the referenced provision in Negotiable Instruments Act, 1881 to verify the answer.

At a Glance

Subject Tort, MV Act & Consumer Protection

Difficulty Medium

Act Negotiable Instruments Act, 1881

Section Section 138

Answer (A) Act + Section Given

Paper AIBE XIV — September 2019

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