Q : Is mens rea is an important ingredient under section 138 of negotiable instrument act, 1881 ?

Ans: For committing an offence under Section 138 of the Act “mens rea” is not an important ingredient. Section 138 of the Negotiable Instruments Act, 1881, excludes mens rea by creating strict liability as well as this is explicit from the words 'such person shall be deemed to have committed an offence.  The liability which does not depend on actual negligence is strict liability. 
The returning of the cheque by the bank either because the amount of money standing to the credit of the drawer of the cheque is insufficient or the amount covered by the cheque is in the excess of the amount arranged to be paid from that account by an agreement with the bank are the two essential conditions creating strict liability.
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