STATE JUDICIARY MAINS
NEGOTIABLE INSTRUMENTS ACT – 5 QUESTION PAPERS (COMPILED)
🟦 PAPER–1: DELHI JUDICIAL SERVICES (DJS)
Time: 3 Hours Marks: 100
Q1. (15 marks)
Enumerate the essential ingredients of an offence under Section 138 of the Negotiable Instruments Act. Whether all the ingredients are mandatory?
Q2. (15 marks)
Explain the presumptions under Sections 118 and 139 of the NI Act. What is the standard of proof required to rebut such presumptions?
Q3. (20 marks – Case Study)
A company issued a cheque through its Managing Director. The cheque was dishonoured with the endorsement “payment stopped by drawer”. Notice was sent but returned unclaimed. Complaint was filed only against the Managing Director. Decide the maintainability of the complaint.
Q4. (15 marks)
Discuss the vicarious liability of directors under Section 141 of the NI Act.
Q5. (10 marks each × 2 = 20 marks)
(a) Whether a cheque issued as security attracts Section 138?
(b) Whether offence under Section 138 is compoundable?
🟦 PAPER–2: RAJASTHAN JUDICIAL SERVICES (RJS)
Time: 3 Hours Marks: 100
Q1. (20 marks)
What is meant by “legally enforceable debt or liability” under the NI Act? Discuss with case-law.
Q2. (15 marks)
Whether dishonour of cheque for reasons other than insufficiency of funds is covered under Section 138?
Q3. (20 marks – Case Study)
Cheque issued for repayment of a time-barred debt was dishonoured. Accused contends that no legally enforceable debt existed. Decide.
Q4. (15 marks)
Explain the procedure for taking cognizance of offence under Section 138 NI Act.
Q5. (10 marks each × 3 = 30 marks)
(a) Effect of non-service of statutory notice
(b) Territorial jurisdiction under Section 142
(c) Compounding of offence under NI Act
🟦 PAPER–3: UTTAR PRADESH JUDICIAL SERVICES (UPPCS-J)
Time: 3 Hours Marks: 100
Q1. (15 marks)
Discuss the object and scope of Section 138 of the NI Act.
Q2. (15 marks)
Whether presumption under Section 139 includes presumption as to existence of debt?
Q3. (20 marks – Case Study)
Cheque dishonoured twice. First notice issued but no complaint filed. Second notice issued after re-presentation. Accused pleads limitation. Decide.
Q4. (20 marks)
Explain the evidentiary value of affidavit evidence under Section 145 of the NI Act.
Q5. (10 marks each × 3 = 30 marks)
(a) Stop payment instructions
(b) Death of accused during proceedings
(c) Interim compensation under Section 143A
🟦 PAPER–4: MADHYA PRADESH JUDICIAL SERVICES (MPJS)
Time: 3 Hours Marks: 100
Q1. (20 marks)
Explain in detail the offence of cheque dishonour under Section 138 NI Act.
Q2. (15 marks)
Whether a complaint under Section 138 can be filed through a power of attorney holder?
Q3. (20 marks – Case Study)
Cheque issued as security was dishonoured after liability arose. Accused denies liability claiming it was only a security cheque. Decide.
Q4. (15 marks)
Discuss the power of appellate court to direct deposit of cheque amount under Section 148 NI Act.
Q5. (10 marks each × 3 = 30 marks)
(a) Deemed service of notice
(b) Summary trial under NI Act
(c) Abatement of proceedings
🟦 PAPER–5: GUJARAT JUDICIAL SERVICES (GJS)
Time: 3 Hours Marks: 100
Q1. (20 marks)
Explain the nature of offence under Section 138 NI Act. Is it a civil or criminal liability?
Q2. (15 marks)
Discuss the effect of Negotiable Instruments (Amendment) Act, 2015 on territorial jurisdiction.
Q3. (20 marks – Case Study)
Company under IBC moratorium issued cheque prior to commencement of CIRP. Cheque dishonoured and complaint filed under Section 138. Decide.
Q4. (15 marks)
Whether criminal proceedings under Section 138 can continue against directors when company is under moratorium?
Q5. (10 marks each × 3 = 30 marks)
(a) Time-barred debt
(b) Compounding of offence
(c) Role of presumptions
🧠 EXAM PATTERN INSIGHT (VERY IMPORTANT)
✔️ Every state repeats Sections 138, 139 & 141
✔️ One mandatory case study per paper
✔️ Heavy reliance on Supreme Court precedents
✔️ Procedural compliance is examiner’s favourite