DELHI JUDICIAL SERVICES (DJS)

NEGOTIABLE INSTRUMENTS ACT – ACTUAL PREVIOUS YEAR QUESTIONS (TOPIC-WISE)

🔷 A. SECTION 138 – FOUNDATION QUESTIONS

📝 Asked Directly / Repeated

1. “What are the essential ingredients required to constitute an offence under Section 138 of the Negotiable Instruments Act? Discuss.”
   (DJS Mains – repeatedly asked)

2. “Whether all the conditions mentioned in the proviso to Section 138 are mandatory? Explain.”

3. “What is meant by the expression ‘legally enforceable debt or liability’ under Section 138?”
   (DJS Mains – 10/15 marks)

🔷 B. PRESUMPTIONS – SECTIONS 118 & 139

4. “Explain the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act. Whether these presumptions are rebuttable?”
   (DJS Mains – frequent)

5. “Whether presumption under Section 139 includes the presumption as to existence of legally enforceable debt?”

6. “What is the standard of proof required to rebut the presumption under Section 139?”

🔷 C. DISHONOUR & NATURE OF CHEQUE

7. “Whether dishonour of cheque on account of ‘stop payment’ instructions attracts Section 138?”

8. “Whether a cheque issued as security falls within the purview of Section 138 of the NI Act?”
   (DJS Mains – very frequent)

9. “What is the legal effect of issuing a signed blank cheque?”

🔷 D. STATUTORY NOTICE – SECTION 138(b)

10. “Whether service of notice under Section 138(b) is mandatory? What is the effect of refusal or non-claim of notice?”
    (DJS Mains – repeated)

11. “Whether absence of proof of actual service of notice is fatal to a complaint under Section 138?”

12. “Whether a defective or vague notice vitiates proceedings under Section 138?”

🔷 E. LIMITATION & CAUSE OF ACTION

13. “When does the cause of action arise for filing a complaint under Section 138 of the NI Act?”

14. “Whether repeated presentation of cheque gives rise to a fresh cause of action?”
    (DJS Mains – direct)

🔷 F. JURISDICTION – SECTION 142

15. “Which court has territorial jurisdiction to try an offence under Section 138 of the NI Act?”

16. “Discuss the effect of the Negotiable Instruments (Amendment) Act, 2015 on territorial jurisdiction under Section 142.”
    (DJS Mains – post-2015)

🔷 G. OFFENCE BY COMPANY – SECTION 141

17. “Discuss the concept of vicarious liability under Section 141 of the Negotiable Instruments Act.”

18. “Whether prosecution under Section 138 is maintainable against directors without impleading the company?”
    (DJS Mains – directly asked)

19. “Whether a non-executive / independent director can be prosecuted under Section 138 of the NI Act?”

🔷 H. PROCEDURE & EVIDENCE

20. “Whether evidence by affidavit is permissible in proceedings under Section 138 of the NI Act?”

21. “Whether a complaint under Section 138 can be filed and prosecuted through a Power of Attorney holder?”

🔷 I. INTERIM COMPENSATION & APPEALS

22. “Discuss the power of the court to grant interim compensation under Section 143A of the Negotiable Instruments Act.”

23. “Whether appellate court can direct deposit of cheque amount during pendency of appeal?”

🔷 J. COMPOUNDING & ABATEMENT

24. “Whether offence under Section 138 is compoundable? If so, at what stage?”
    (DJS Mains – repeated)

25. “What is the effect of death of the accused during pendency of proceedings under Section 138?”

🧠 DELHI JUDICIARY EXAM TREND (IMPORTANT)

✔️ 60–70% questions revolve around Sections 138, 139 & 141
✔️ Examiner expects:

• Clear statutory reference

• 2–3 Supreme Court judgments minimum

• Structured answer (Issue → Law → Case-law → Conclusion)