Negotiable Instruments ACT: M. S. RAMA RAO B.SC., M.A., M.L

NEGOTIABLE
INSTRUMENTS
ACT
M. S. RAMA RAO B.Sc., M.A., M.L.

Class-room live lectures edited, enlarged
and updated
Msrlawbooks
NEGOTIABLE INSTRUMENTS ACT
1. Definitions : Promissory Note, Bill of Exchange,

"Cheque" Drawer, Drawee, Acceptor, Holder, Holder in
due course, Inland and foreign instrument, endorsement.
2. Ambiguous Instrument, Inchoate Instrument.
3. "At sight", Maturity, Days of grace.
4. Parties.
5. Negotiation.
6. Presentment.
7. Of payment.
8. Discharge of liability.
9. Notice of dishonour.
10. Noting and protest - Reasonable time.
11. Acceptance for honour.
12. Presumptions.
13. Crossed cheques.
14. Bills in sets.
15. Foreign Instrument, liability, etc.
QUESTIONS BANK
NEGOTIABLE INSTRUMENT ACT
1. State and Explain the essentials of Promissory Note, Bill of
Exchange and Cheque.Distinguish P/N from B/E.
2. Who is a holder and a Holder in due course ? Distinguish between
them.
3. State the circumstances when a banker may dishonour a cheque.
4. Explain 'Negotiability' and' Assignability'.
5. Explain when presentment for payment is unnecessary.
6. What are the presumptions as to N/I.
7. Explain 'Noting' & 'Protest'. What are the contents of protest?
8. Write Short Notes on :
1
(i) Accommodation Bill (ii) Bills in Sets (iii) Drawee in case of

Page
need (iv) Inland and Foreign Instrument (v) Endorsement (vi) Incho-
msrlawbooks N/I Act PTO
ate instrument (vii) Escrow (viii) Days of Grace (ix) Notary Public
(x) Negotiable Instrument (xi) Lost Instrument (xii) Notice of
dishonour (xiii) Material alteration.
Contents
1. Definitions
1. Pro-note 60
2. Bill of Exchange 62
3. P/N, B/E distinguished 64
4. Cheque 65
5. Cheque B/E 65
2. Holder
1. Holder 67
2. Holder in due couse 67
3. Dishonour of Cheque 69
4. Transfer
1. Transfer 71
2. Assignability 71
3. Discharge 72
Statutory Presumptions 73
General Topics
1. Drawee in need 75
2. Acceptor for Honour 75
3. Days of Grace 75
4. Noting & Protest 76
6. Miscellaneous
1. Ambiguous Instrument 78
2. Endorsement 78
3. Crossed Cheque 79
4. Bills in sets 81
5. Inland & Foreign Instruments 81
6. Escrow 82
7. Inchoate Instrument 82
8. Presentment unnecessary 83
Material alteration 83
10. Accommodation Bill 83
ll .Lost Instrument 84
2
12. Negotiable Instrument 85

Page

NEGOTIABLE INSTRUMENTS ACT
Ch. 1-1. Promissory Note (Pre-note):
Definition : Section 4 of the Negotiable Instruments Act
defines a pro-note. A promissory Note is an instrument, in writing
with an undertaking to pay, a certain sum of money and money only
unconditionally, to the payee or his order or the bearer of the instru-
ment.
A pronote requires the presence of two parties, viz., Maker and
Payee. There may be two or more makers or two or more payees. The
parties should be legally competent to create contractual obligation.
The maker is the debtor, and the payee the creditor.
PRO-NOTE
New Delhi
15th March 2012
On demand, I promise to pay Sri ........................... or order
Rs.500/- (Rupees five hundred only) with interest at 12%
per annum for value received.
Witnesses:
A......
B...
Eg. : 1) 'I owe you Rs.1,000/-'. this is not a Pro-note

2) A agrees to pay to C Rs.1000/- unconditionally on demand
made by C, the Creditor. This is a Pro-note.
3) 'I have received Rs.1,000/- from C'. This is not a Pro-note.
4) I have taken Rs. 10,000/- as loan today from C. I agree to
pay Rs.2000/- and handover my cow for the balance of money and
interest thereof. This is not a pro-note.
Essentials: i)
3
Writing :
Page

The P/N must be in writing. This means oral agreements are not
acceptable. The writing may be in ink or printed or in other modes.
No proforma is prescribed by the act, but the instrument must have all
the essentials.
ii) Undertaking to pay :
There must be an express promise to pay the amounts as speci-
fied in the P/N.
"Deposited with me Rs.10,000/- to be returned on demand" is
not a P/N.
A mere receipt of money is not a P/N.
"Rs. 1,000 balance still due to you. I am indebted and do
promise to pay". This is a P/N.
iii) Unconditional promise:
There must be a promise to pay without any conditions. It is
not a P/N, if the promise to pay is based on the happening of an event,
which may or may not happen, e.g.:
"I promise to pay Rs.1000/- when P my debtor returns it".
"I promise to pay according to my convenience".
These are not Pro-notes. Any condition to prevent negotiation
makes the P/N invalid.
iv) Makers signature:
Signature or thumb impression is essential and must be on the
instrument.
v) The maker must be certain :
There must be certainty of the maker of the P/N. There may be
one person or jointly two or more persons. These persons may be
jointly or severally liable. A, B and C may sign, making them-selves
jointly and severally liable.
vi) Pay money and money on!y :
It is essential that the sum must be definitely stated on the face
of the instrument. ""I promise to pay Rs.5000/- and all other moneys
due" is not a P/N.
The undertaking to pay must be for a sum of money only, e.g.,
"I promise to pay Rs.1500/- and deliver my cycle towards interest" is
not a P/N.
vii) The payee must be certain :

The P/N should specify the name of the payee who is entitled to
4
the payment. If it is uncertain or doubtful, it is not a P/N. "I promise

Page
to pay to any persons who may be partners of the firm X and C. for
the time being" is not P/N as it leads to uncertainty.
But, a reference to "Son of A", as payee is valid, if the son is
known definitely.
viii) Consideration :
The works "for value received" refer to the consideration. The
presumption is that the consideration is valid and legal.
Ch. 20-2. Bill of exchange :

Definition : The bill of exchange is an instrument in writing
drawn by a person known as Drawer (Seller) containing an uncondi-
tional order directing another person known as Drawee (Buyer), to
pay a certain sum of money only to or to the order of a certain person
or to the bearer.
The person who accepts is the acceptor (Drawee). Hence,
Drawee becomes acceptor. As such it requires the presence of the
minimum of three parties. If the acceptor accepts, he incurs the re-
sponsibility of the principal debtor.
BILL OF EXCHANGE
Rs.6000/- Date :
Thirty days after sight, please pay to Karnataka
Bank or order, Rs.6,000/- in respect of goods received.
Sd. (Seller) Mysore. To
M/sD&Co., Bombay (Buyer) ……………
..
This is a bill of exchange and according to amendment no stamps
are required. Here, seller is the Drawer, Buyer is the Drawee and
Karnataka Bank is the payee.
Essentials: 1)
Writing:
The B/E must be in writing. Oral agreements are not valid. The
writing may be in ink, or printed or in other modes. Though no
proforma is prescribed, the instrument must have all the essentials of a
B/E.
ii) Order to pay :
The essential feature of the B/E is that the drawer should order
the drawee to pay to the payee. However, the words 'please pay' may be
5
used, but excessive politeness makes the bill invalid. e;g,, "Mr. M.
Page
please oblige the bearer Rs.10000 and place it on my account and you
will kindly oblige". This is not a demand and hence, not a bill,
Hi) Unconditional order:
It is essentia! that the order to pay should not be subject to any

contingency. However, conditions,like :~(a) to"pay after a lapse of
time, (b) to pay by instalments (c) to pay on the happening of an event
which in the ordinary expectation of life is certain to happen are valid.
Eg., "90 days after sight" But, the following

conditions are invalid "When I marry"
"When I am in prosperous conditions"
"Pay on the sale of 3 bales of. cotton"
iv) the drawee and the payee must be certain :

The name of the drawee must be named or indicated with
certainty. The payee should be in a position to know to whom he
must present the bill for acceptance or payment,
The payee must be named. If there is a misnamed person or a
person is designated by description only, even then the person is as-
certainable with certainty and hence, valid.
v) The sum must be certain :

It is essential that "Certain sum" must be stated definitely on
the face of the bill. If after stating the amount, reference is made to
interest or exchange rate of foreign currency ; it is certain and valid.
Ch. 20-3. Pronote and bill of exchange distinguished : •

Pronote Bill of Exchange
1. Requires only two parties 1. Requires the minimum of three
(maker and payee). parties, (Drawer, drawee, payee),
2. It must be an unconditional
2. The undertaking must be by the
undertaking by the original-
Drawee (buyer) who is not the
tor, (maker) to pay. Originator
(seller is the original
6
Maker)
Page

3. It requires a valid acceptance
3. It does not require accep by the drawee.
tance^ understood in ., • •
bill "olNxchange. 4. Presentment for payment nece
4. Presentment for payment not ssary.
necessary. 5. Acceptor is the principal
5. Maker is the principal debtor.
debtor.
Ch. 20-4. Cheque : (Sn.5) :
A cheque is a bill of exchange drawn on a specified banker and
not expressed to be payable otherwise than on demand. Generally,
cheques are drawn on forms supplied by the bankers.
No.
Bank
Branch.name ,
Date
Pay ...................................................................or order
Rupees .................................. . ......................................
...................... .......... ...... .... ...,. ....... ...Rs................... .
(Signature)
Ch. 20.5) Cheque and bill of exchange distinguished :

/
Cheque Bill of exchange
1. Drawn on the banker. 1. May be drawn on any perspn
2. Cheque is always payable 2. If not payable on demand, requires
on demand. No acceptance acceptance.
is required.
3. Presumption that the 3. There is no such presumption,

cheque is drawn by the
drawer on his funds in the
hands of the Drawee (Bank)
4. Cheque is always payable 4. 3 days of grace allowed for pay-
7
on demand. ment.
Page
5. Notice of dishonour not 5, Notice of dishonour is absolutely

41
necessary. essential.
6. Drawer may countermand 6. After acceptance there can be no
the cheque before pay- countermand by drawer.
ment.
CHAPTER-21 HOLDER
| Ch. 21.1. Holder:

The holder of a P/N, B/'E or cheque means : any
person who is entitled in his own name to the possession
and to receive or recover the amount due from the parties
thereto.
If the instrument is lost or destroyed its holder is the
person who was entitled at the time of such loss or
destruction.
The holder must have
i) Possession of the
instrument and ii) The right to
recover the money.
Hence, a finder of a lost instrument, or a thief, or a
person taking under a forged instrument etc. has no right
to recover.
The holder is not protected against all defects in the
title of the instrument, "He who has no title, cannot pass a
title", applies, and the holder cannot have a better title
(Nemo dat qui non habet).
The legal representative of a deceased holder or the
official assignee would be the successor-holder of the
instrument.
Ch. 21-2. Holder in due course :s
Holder in due course means any person who for
consideration, became the possessor of a P/N, B/E or cheque,
before the amount mentioned in it became payable, and in
good faith.
Hence, to become a holder in due course he must be a
holder for consideration, before the date of maturity, with
bonafides.
8
He must have made a reasonable enquiry as to the title

Page
of the transferor. Any defect in the title of the transferor will

not in any way harm the interests of the holder in due course.
Hence, all defects are cured, and he gets a better title than his
predecessor.
Eg.: A obtains a B/E from B, by fraud under the contract Act.

As this is voidable at the instance of B, there is a defect in the title.
If A transfers this by endorsement to C, for consideration,
before the date of maturity and C takes with bonafides, without any
reason to suspect the title^C is a holder in due course. C gets a better
title than A.
English law requires mere good faith. But, it does not require
that the holder should make a reasonable enquiry. But in India, the
holder should make an enquiry diligently with all reasonable care.
Title becomes defective when the instrument is obtained by fraud
duress, coercion, unlawful means arid for illegal consideration.
Every party to a negotiable instrument is liable thereon to a
holder in due course until the instrument is duly paid.
However, a holder from a holder in due course gets the title of
the holder in due course.
Case: In Arab Bank Ltd., V. Ross,
A bill was drawn in favour of F or F.N. Co., but was endorsed F
& F.N. It was held, that as the endorsement was not complete and
regular, its holder is not a holder in due course to get the protection
under the law.
9
Page

CHAPTER-22
DISHONORING OF CHEQUE
Bank's right to refuse to honour a cheque :
The drawee of the cheque i.e., the Bank, having sufficient funds
of its customer, must honour his cheques when duly presented by the
payee. In case of default, without reason, the bank will have to pay
exemplary damages to the drawer (Merzette's case).
However, in the following circumstances the bank will be
justified in dishonouring a cheque :
1. Insufficient funds of the drawer.
2. When the form of cheque is doubtful.
3. Post dated cheques.
4. Cheque not presented during banking hours.
5. When the funds cannot be applied to the cheque.
6. Material alterations, signature irregular etc. in the cheque.
7. Death of drawer of Cheque if bank has notice.
8. Insolvency of drawer, the bank getting notice.
9. Countermanding of cheque by drawer.
10. Different branch of the bank.i.e drawn on another branch

11. Court's order prohibiting payment (Garnishee order)
12. Bank's general lien.
Obligation to honour:
There is a contractual obligation on the part of the bank to hon-
our the cheques of its customers. As per Sn. 31 of the N/I Act, there
is a statutory obligation to pay if there are sufficient funds properly
applicable. In default, the bank should compensate the drawer for any
loss or damage caused by such default.
Wrongful dishonour:
If bank wrongfully refuses, it becomes liable to pay compensa-
tion for the "injury to his credit".
1. Marzette Vs. Williams.
2. Sterling Vs. Barclay's bank
3. Gibbon Vs. Westminister bank
4.Canara bank Vs. Rajgopal.
10
In some cases such wrongful dishonour by bank is held as

defamatory (libel).
Page

CHAPTER-23
TRANSFER AND DISCHARGE
Ch. 23-1. Transfer:
A Negotiable instrument may be transferred by two methods.
One according to Sec. 130 of Transfer of Property Act and
another according to the provisions of Negotiable Instrument Act.
Sec. 130 Transfer of Property Act contemplates transfer of an
actionable claim by means of executing an assignment deed. This
method requires that notice must be" given to the debtor by the as-
signee.
Under Negotiable Instrument Act transfer by negotiation may
be made either by delivery or by endorsement and delivery. An instru
ment which is payable to the bearer of an instrument containing a
blank endorsement may be transferred by mere delivery. An instru
ment payable to the order of the payee or to the payee's order re
quires to be negotiated only by endorsement and delivery. .-
Ch. 23-2. Assignability and Negotiability distinguished :
Assignability Negotiability
1. The instrument P/N, B/E or The instrument P/N, B/Eorcheque
Cheque is a chose in action may be transferred by negotia-
and may be transferred under don to the holder. This may
an assignment according be done by delivery or by in
to the Transfer of Property dorsement and delivery.
Act.
2. Consideration must be Consideration is presumed under
proved. Sn. 118 N/I act. (Rebuttable).
Notice of transfer is not

3. Notice of assignment must
necessary.
he given by the assignee
to the debtor.
The holder in due course gets
4. The assignee, (even if he
has taken in good faith a good title and, all defects
and value) is subject to are cured in his favour.
the equities and defenses

11
between the assignor and

Page
the original debtor, i.e.,

he cannot get a better
title.
C. 23-3. Discharge :
The negotiable instrument may be discharged by the following
modes :
1. By payment
2. By cancellation
3. By waiver
Any payment made by the principal debtor or his agent in fa-
vour of the ultimate holder in due course in accordance with section
13 of the act automatically discharges the instrument.
If any writing is made on the instrument followed by cancella-
tion it indicates due discharge of the instrument. Such an act results in
discharge of the instrument.
12
Page

CHAPTER-24
STATUTORY PRESUMPTIONS
Section 118 of Negotiable Instruments Act deals with certain
statutory presumptions. These presumptions lay down special rules
of evidence. Ordinarily tile burden of proof lies upon the person who
seeks a relief in a court of law, whereas section 118 of negotiable
instrument act is an exception to the ordinary rule of evidence as such
it is termed special rules of evidence.
To illustrate, A goes to a court of law for specific performance
of a contract alleged to have been breached by B. The burden of
proof lies on the plaintiff. A must prove not only the validity of
contract, but alsc|> the breach committed by defendant.
In negotiable instruments certain presumption are made in
favour of the plaintiff until and unless the contrary is proved by the
defendant. These are rebuttble presumption.
Eg. : As (regards, date, time or mode of payment, certain
presumptions ar0 made.
Section 118 of Negotiable Instrument Act comes under the
,-;itegdry of rebuttable presumption. As such, a defendant is at
liberty u! impeach the presumption and contradict. Till then the plaintiff
should be allowed to have the benefit of presumption.
1. Every negotiable instrument is presumed to be duly made,
drawn, accepted,!negotiated and transferred, for consideration.
2. In respect of date, the presumption is that it is duly drawn on
i hat date.
3. In respect of acceptance, the presumption is that, it is ac-
a-pted within a reasonable time and before maturity.
4. In respect of transfers, there is a presumption that the trans
fer was made before maturity.
5. In respect of endorsements, the presumption is that the en

dorsements are duly made in the same order.
6. If a pronote or bill of exchange is lost, the presumption is
that it was duly stamped.
7. In respect of a holder, the presumption is that he is the holder
in due course.
13
Page

CHAPTER-25
GENERAL TOPICS
Ch. 25-1. Drawee in case of used :
Ordinarily a bill of exchange requires the presence of 3 parties

viz., drawer, drawee and payee..In addition to these three, one more
person may be added under section 7 of the Act. He is called "Drawee
in case of need". Under English law he is known asx Referee in case
of need'.
The drawer, as an abundant caution, may name another person
in addition to a regular drawee to whom resort may be had in case,
the original drawee happens to dishonour by nonacceptance or non-
payment of the instrument. When need arises by such act of dis-
honour, the drawee in case of need may be resorted to by the holder.
Ch. 25-2. Acceptor for honour : Sn. 6 (2) :

In case the original acceptor has refused to make the payment
on the maturity of the instrument, the holder may cause 'noting and
protest'.
In this connection, if any stranger who is not already a party to
the transaction, voluntarily accepts the bill for the honour of the drawer
or any person who is already involved in the instrument he is called
the acceptor for honour. He does so supra protest, thereby he makes
himself responsible to the holder.
Ch. 25-3. Days of grace :

A negotiable instrument-may be payable either on demand or
on the specified date or on the happening of the specified event. An
instrument payable on demand does not enjoy, the benefit of the days
of grace. Whereas the instrument payable otherwise than on demand
viz., (1) payable three months after date or (2) one month after sight
or (3) two months after death of X, etc enjoy the benefit of the days
of grace. Accordingly, every such instrument becomes matured

on the completion of the third day from the date the instrument
is payable. The addition of the extra 3 days is extended to all the
instruments.
Illustration:
14
a) A bill is payable 3 months after date (26.3.2012). Bill is

payable on 26.6.2012 and 3 days of grace to this. Therefore the bill
Page
is payable on 29.6.2012.
b) A bill is payable 30 days after sight
(26.3.2012). The bill becomes payable on 25.4.2012 but
has 3 days of grace. Therefore it is
payable on 28.4.2012.
Ch. 25-4. Noting and protest by 'Notary public':

Notary public : A notary public is an official appointed by
the State Govt. His duty is to receive acts and contracts for
authentication, to confirm such acts and contracts, to preserve the
originals, to record the details and to issue copies of authentic
extracts. He charges a fee for his service (Notary charges).
If a negotiable instrument is dishonoured by the person
primarily liable, the fact of dishonour is purely a question of fact.
Such a fact requires to be established in a court of law. To facilitate
due proof of the dishonour of an instrument, the holder may
contact the 'Notary public'.
On receipt of the complaint, the notary public may either
himself or through a clerk or by post contact the person who has
dishonoured the instrument and thereafter note down in a
register meant for the purpose, all the details of his interview
with that person. This official recording is known as 'Noting'.
Instead of sending notice of dishonour, a copy of the
noting may be transmitted to the other endorsers. A certificate in a
prescribed form drawn up on the basis of noting is called
'Protest'.
When an instrument is dishonoured, the holder may cause,
within ;i reasonable time, such dishonour to be noted and
certified by a Notary public. Such a certificate is called a
"protest'.
Contents of protest:
1) The instrument itself, or a transcript of it.
2) Name of the person for whom and against whom the
instrument has been protested.
3) The fact that the instrument has been dishonoured,
also reasons thereof.
4) The place and the time of dishonour.
5) The signature of the Notary public, date and seal.
6) Particulars, if any, relating to acceptance for honour
or payment for honour.
15
Notice of protest : Notice of protest must be given by the

Page
Notary public.
CHAPTER-26
MISCELLANEOUS
Ch. 26-1. Ambiguous instrument:
Where an instrument is capable of being construed as a pronote,
or, as a bill of exchange the holder may at his option treat it as either
pronote or bill of exchange. Where a drawer draws a bill on himself
or where the drawee is a fictitious (not real) person, the instrument
may be construed as pronote or bill of exchange. Similarly if the drawee
is a minor.
Ex : 1) A writes an instrument in the form of a promissory note
to B who accepts it. The holder may treat this as promissory note or
bill ofeexchange.
2) X draws a bill on Y and negotiates it away. Y is a fictitious
drawee. The holder may treat this as promissory note or bill of
exchange.
Ch. 26-2. Endorsement:
:ijjhemaker or holder of a negotiable instrument may sign for
the purpose of negotiation on the back of the instrument or on a
stamped paper attached thereto, he is called an endorser and this mode
is called endorsement. The endorsement, followed by delivery, has
the legal effect of the transfer of the property therein to the endorsee,
with'a right to further negotiate (Sn. 50).
Endorsement makes the endorsee, a holder of the instrument.
Endorsement is of four kind :
1. Endorsement in blank : It signifies no endorsement but the
endorser puts his signature only. This is payable to bearer.
2. Endorsement in full: If the endorser adds a direction to pay
the amount mentioned in the instrument to, or to the order of a
person etc., the endorsement is in full.
Pay to order of X : Pay to Mr. X

The holder may convert an endorsement in blank to en-
dorsement in full.
3. Conditional endorsement : This is also called qualified
endorsement or sans recourse endorsement. There will be no liability
of the endorser.
An instrument remains to be negotiable until it is endorsed
restrictively or payment is made, but not afterwards.
16
4. Restrictive endorsement : This restricts the transfer

and also further negotiation depending on the nature of the
Page
endorsement.Eg. Pay to A only Pay to A for the a/c of B.

Ch. 26-3. Crossed cheque :
A cheque is an instrument possessing all the features of the bill
of exchange and is always payable on demand. There are two kinds of
cheques viz., (1) open cheques and (2) crossed cheques. An open
cheque is one which the holder may present it at the bank and
demand the payment at the counter. But a crossed cheque is not pay-
able to a party directly i.e., it is credited to the A/C of the holder.
Payment is made only through a Bank. A crossed cheque may contain
either a general crossing or a special crossing.
Examples : (General crossing):
(i) (ii) (iii) (iv)
Illustration:
1. A draws a Cheque on Canara Bank. B is the payee.
B endorses and presents it to the bank. He is entitled to get
payment across the counter.
2, If a had crossed the cheque generally, B cannot get the
amount across the counter. He can remit it to his account.
Special crossing:
Here, the name of the particular banker through whom the
cheque is to be cashed is also specified on the face of the
cheque. When a cheque is crossed generally it can be cashed
through any bank. But, when it is specially crossed payment shall
be obtained only through the particular bank so specified.
(0 (iO
17
Page

Ch. 26-4. Bills in sets :
With reference to foreign bills, the bill of exchange is drawn in
sets by seller i.e., exporter. They are drawn in sets of two or more,
each set being numbered and contains a provision that it shall
continue to be payable only so long as the others remain unpaid. Of
course, all these together make one set and the payment of one
discharges the others. This is done to avoid the risk of the bill being
lost in transit.
U.S. $ 2000/-
Madras
Date : 1.3.2012
Three months after sight of first of this exchange (2nd and
3rd of the same tenor and data being unpaid),
pay.................... or order the sum of U.S. $20007-
Two thousand us dollars only, for value received.
To
M/s. Sd/- .....
M/s......
London Madras
18
Page

Only one set is to be accepted by the buyer. If he accepts more than one, he and
his endorsees become liable as if they are separate bills. A holder .in due course of the
first part is entitled to all other sets.
Ch. 26-5. Inland and foreign instruments :
P/N, B7E or cheque drawn or made in India and payable in or drawn on and
person resident in India is an Inland instrument (Sn. 11).
Any such instrument not so drawn, made or made payable is deemed to be a
foreign instrument (Sn. 12). .
Eg : Bill drawn in India on a merchant in London, payable in India. This is a

foreign instrument.
Foreign B/E (Bills) are drawn in sets (two or more) to avoid any risk of
being lost.
Kinds of foreign instruments :
Bill drawn Payee Payable

i) India Outside India Outside India
ii) Outside India Outside India Outside India
iii) Outside India Outside India ' India
iv) Outside India India India
v) Outside India India Outside India
Ch. 26-6. Escrow :

Making or endorsing of a Negotiable Instrument (N/I) followed by delivery
generally transfers the property in the instrument to the endorsee.
But, if it is delivered conditionally or for a special purpose without absolutely
transferring the property, it is called 'Escrow'.
In such a, case, the property passes only when the condition is fulfilled.
However, a holder in due course is completely protected and the conditions do not
apply to him.
Ch. 26-7. Inchoate instrument:

When a person delivers a stamped N/I which is wholly blank or partially written,
he is giving thereby prima facie authority to the holder to fill up.
A holder in due course, has a right to recover the amount and all defects are
cured in respect of him.
19
Legal recognition is given to this practice of merchants who lend credit on

Page
blank stamped paper. Only when the blanks are filled up, the liability arises, eg.
undated cheque, Blank B/E without stating amount etc,
Ch. 26-8. Presentment for payment when unnecessary :
An instrument need not be presented for payment and can be treated as
dishonoured in the following cases :
i) If the maker, drawer or acceptor intentionally prevents the presentment.
ii) Instrument payable at a place of business, but closed on a business day
during business hours.
iii) If payable at some other place, but he or his agent does not ittend during
business hours.
iv) If payable at no particular place and he cannot be found ifter due search.
v) If part payment is made and there is a promise to pay the valance.
vi) If the drawer is sought to be made liable and he has not suffered any
damage from want of presentment.
Ch. 26-9. Material alteration :
Material alteration makes the N/I, void in the hands of an innocent holder. If
such an alteration is made by an endorsee, it discharges the endorser .from all
liability to him even in respect of the consideration.
Filling up an inchoate N/I, converting an endorsement in blank o full, or
crossing a cheque are not material alterations.
Change in date, time of drawing, place of payment, sum payable, medium of
payment, rate of interest, number of parties to the instrument etc., are examples of
material alterations.
Hong Kong Bank Vs. Lo Lee Shi, it was held that if an instrument is mutilated
by wash and ironing of a garment in which the N/I, lad been kept, the N/I was not
void.
Hh. 26-10. Accommodation bill: (Sn. 43):
A N/I made, drawn, accepted or endorsed without consideration creates no
obligation between the parties. This is the general rule.
There is an exception to this rule. This is the case of an "Accommodation
bill". This is a bill on which 'A' a person without receiving any consideration, lends
his name to oblige his friend, by signing his name as a drawer, acceptor or
endorser. *A' is called "Accommodation party" and his position is based on his
commercial credit worthiness. He signs for the benefit of another called "B' who in
fact raises the loan on the bill. He is like a surety for B the party accommodated.
According to N/I Act, B after paying off his loan bill, cannot sue A for the
money.
Eg., B is the drawer of a bill. A accepts as accommodation party. H is the
holder. H collects from B. B cannot recover from 'A'.
20
Holder in due course : The accommodation party 'A' is not . liable to any
person on the bill, except the holder in due course, who has taken the bill for
Page
consideration.
Ch. 26-11. Lost instrument: (Sn. 45 A):
If a bill of exchange is lost before it is overdue, the holder may apply to the
drawer to give him a duplicate bill of the same tenor giving security if so required.
This security is to indemnify the drawer against all persons or claims on the lost bill.
If the drawer on request refuses to give such a duplicate bill, he may be
compelled through the court to issue the same (King Vs. Zimmerman).
The finder of the lost bill gets no title to it. If the finder endorses such a bill
(payable to bearer), to a bona fide transferee for value, the transferee gets a good title
and he can recover from the rightful owner or others liable thereon. Three conditions:
i) The rule applies to bills only (ii) They must be lost before overdue iii) Only the
holder of the lost bill may apply to the drawer.
Ch. 27-12. Negotiable instrument: N/I (Sn. 13):

A negotiable instrument means: i) a promissory note P/N, ii)Bil! of exchange B/E or iii)
Cheque payable to bearer or to order.
Negotiation is defined by N/I Act Sn. 14. It means that the P/N, B/E or cheque
is to be transferred to any person so as to make him the holder of the instrument.
a) If the instrument is to be negotiable the form may be as fol
lows : Payable 'to X' to X or order', 'to order of X', 'to bearer' or
'to X or bearers' When the instrument is payable to X, it means to X
or order and hence, it is negotiable. If it says 'payable to P only', it is
not negotiable.
b) If the N/I is endorsed in blank or is payable to bearer, it is
payable to the bearer, and hence may be negotiated.
A bill is payable to Mr. Smith or order. Smith endorses it in blank and
negotiates it. It is payable to bearer.
c) If a N/I is payable to the order of a specified person or his
order it is nevertheless payable to the specified person or to his order.
d) The N/I may be made payable to two or more payees jointly
or to one of two or more payees.
1) A share of a limited company is transferable but not negoti
able as N/I. A share can be transferred only as per Companies Act and
then only the transferee becomes the owner of the share. But a N/I is
negotiable By delivery, or by endorsement and delivery, and the trans
feree gets rights of ownership*
/
2) The transferee of N/I who takes as holder in due course is
cured of defects and gets a better title. A bearer cheque is stolen and transferred by
A to B. B is a holder in due course though the cheque is stolen.
21
Ch. 28-13. Notice of dishonour :

Page

The N/I Act deals with two types of dishonour of an instrument.
Dishonour by non-acceptance :
When the drawee makes a default in accepting the bill when duly
presented to him, the bill is said to be dishonoured.
ii) Dishonour by non-payment :
When the maker of the P/N, acceptor of a B/E or drawee or cheque
being duly required to pay, makes default in payment.
iiii) Notice of dishonour :
Must be given by the holder (or some one who remains Hat thereon)
to all other parties who are liable jointly or severally.
Exception : No notice is necessary to the maker of a P/N which
has been dishonoured ; or to the drawee or acceptor of the
dishonored B/E or cheque.
iv) Notice unnecessary in the following :

a) When notice is dispensed with by the party entitled, no n
tice is necessary.
b) When the drawer has countermanded payment, no notice
necessary if the drawer is to be sued.
c) When the drawer has countermanded payment, no notice
necessary if the drawer is to be sued.
d) If the party cannot be found after a reasonable search, i
notice is required.
e) to charge a drawer, when he is also the acceptor, ho notice
required.
f) In the case of a P/N, which is not negotiable, no notice
required.
g) When the party entitled to notice unconditionally promise
to pay the amounts due, no notice is necessary.
h) Omission to give notice is excused in case of death, inevitable
accident or dangerous illness etc., i.e., without any fault of the
par who is to give notice.
CHAPTER
Dishonour of Cheques
22
. Dishonour of cheque for insufficiency, etc., of funds in the accounts

Page
Sn 138 of the N I Act deals with dishonor of cheques by the Bank due to

insufficiency of funds in the accounts of the customer.
1. If any cheque drawn by a customer [drawer] on his account maintained with
a Bank, for payment to another person [payee ] from his account for the
discharge, in whole or in part, of any debt or other liability, is returned by the
bank unpaid,
a) with the reason the amount standing to the credit is insufficient to honour
the cheque or
b) or that it exceeds the amount arranged for in the account
---- such a person [drawer] is deemed to have committed an offence
under Sn 138 of the N/I Act
Such aperson is liable for punisnhment with imprisonment upto one year or
fine upto double the amount of the dishonoured cheque or for both
Conditions:
Presentation within period of time:
(a) the cheque should have been presented to the bank within a period of six
months from its date or within the period of its validity, whichever is earlier. [
RBI has notified this to be 3 months.]
Notice of demand:
(b) the payee of the cheque,[or holder in due course] ,should make a demand
for the payment of money by giving a notice, in writing, to the drawer of the
cheque, within fifteen days of the receipt of information by him from the bank
regarding the dishonored cheque
Failure to pay:
(c) the drawer should have failed to make the payment of money to the payee
or[holder in due course], within fifteen days of the receipt of the said notice.
Legal liability
The debt or liability should be enforceable in a court "
Presumption against drawer Sn139
The presumption is that the payee has received the dishonored cheque in
discharge of a legal liability. Hence the burden or onus of proof in on the drawer
to prove the contrary that the there was no existing legal liability
Prosecution :-
i. Only the Metropolitan Magistrate or First Class Judicial Magistrate can take
23
jurisdiction
Page

ii. The payee should file a complaint ,in writing
iv. this should be within a month from the date of cause of action under Sn 138.
Company liability
The offence of dishonor of cheque may be committed by the Company ,a
partnership Firm or an association of persons. Not only the Company etc is liable
but all those doing business of the Company/Firm/association are guilty of the
offence under Sn 138. However, if the person proves that he had no knowledge
and that he had exercised all due diligence to prevent the commission of such
offence he will not be liable.
But if it is proved that the offence ,is committed by a company and with the
consent or connivance , or negligence of, any director, manager, secretary etc
then they shall be liable to be prosecuted and punished..
24
Page

REFERENCE SECTION
Negotiable Instruments Act 1881
Selected Sections
CHAPTER II
4. "Promissory note" " is an instrument in writing (not being a bank-note or a currency-note)

containing an unconditional undertaking signed by the maker, to pay a certain sum of money
only to, or to the order of, a certain person, or to the bearer of the instrument.
Illustrations
A signs instruments in the following terms:
(a) "I promise to Pay B or order Rs.500".
(b) "I acknowledge myself to be indebted to B in Rs.1,000, to be paid on demand, for value
received."
(c) "Mr B I.O.U Rs.1,000."
(d) "I promise to pay B Rs. 500 and all other sums which shall be due to him."
(e) "I promise to pay B Rs. 500 first deducting there out any money which he may owe me."
(f) I promise to pay B Rs. 500 seven days after my marriage with C.
(g) I promise to pay B Rs. 500 on D's death, provided D leaves me enough to pay that sum.
(h) I promise to pay B Rs. 500 and to deliver to him my black horse on lst January next.
The instruments respectively marked (a) and (b) are promissory notes. The instruments
respectively marked (c), (d), (e), (f), (g) and (h) are not promissory notes.
5. "Bill of exchange" " is an instrument in writing containing an unconditional order, signed by
the maker, directing a certain person to pay a certain sum of money only to, or to the order of, a
certain person or to the bearer of the instrument.
A promise or order to pay is not "conditional" within the meaning of this section and section 4,
by reason of the time for payment of the amount or any instalment thereof being expressed to be
on the lapse of a certain period after the occurrence of a specified event which, according to the
ordinary expectation of mankind, is certain to happen, although the time of its happening may be
uncertain.
The sum payable may be "certain", within the meaning of this section and section 4, although it
includes future interest or is payable at an indicated rate of exchange, or is according to the
course of exchange, and although the instrument provides that, on default of payment of an
instalment, the balance unpaid shall become due.
The person to whom it is clear that the direction is given or that payment is to be made may be
"certain person", within the meaning of this section and section 4, although he is misnamed or
designated by description only.
6. "Cheque"
25
A "cheque" is a bill of exchange drawn on a specified banker and not expressed to be payable
Page
otherwise than on demand.

7. "Drawer", "drawee"
The maker of a bill of exchange or cheque is called the "drawer"; the person thereby directed to
pay is called the "drawee".
"Drawee in case of need": When the bill or in any endorsement thereon the name of any person
is given in addition to the drawee to be resorted to in case of need, such person is called a
"drawee in case of need".
"Acceptor": After the drawee of a bill has signed his assent upon the bill, or, if there are more
parts thereof than one, upon one of such parts, and delivered the same, or given notice of such
signing to the holder or to some person on his behalf, he is called the "acceptor".
"Acceptor for honour" : 8[When a bill of exchange has been noted or protested for non-
acceptance or for better security], and any person accepts it supra protest for honour of the
drawer or of any one of the endorser, such person is called an "acceptor for honour".
"Payee" : The person named in the instrument, to whom or to whose order the money is by the
instrument directed to be paid, is called the "payee".
8. "Holder" " of a promissory note, bill of exchange or cheque means any person entitled in his
own name to the possession thereof and to receive or recover the amount due thereon from the
parties thereto.
Where the note, bill or cheque is lost or destroyed, its holder is the person so entitled at the time
of such loss or destruction.
9. "Holder in due course"
"Holder in due course" means any person who for consideration became the possessor of a
promissory note, bill of exchange or cheque if payable to bearer, or the payee or endorsee
thereof, if 9[payable to order], before the amount mentioned in it became payable, and without
having sufficient cause to believe that any defect existed in the title of the person from whom he
derived his title.
10. "Payment in due course"" " means payment in accordance with the apparent tenor of the
instrument in good faith and without negligence to any person in possession thereof under
circumstances which do not afford a reasonable ground for believing that he is not entitled to
receive payment of the amount therein mentioned.
11. "Inland instrument"
A promissory note, bill of exchange or cheque drawn or made in 10[India] and made payable in,
or drawn upon any person resident in 10[India] shall be deemed to be an inland instrument.
12. "Foreign instrument"
Any such instrument not so drawn, made or made payable shall be deemed to be foreign
instrument.
13. "Negotiable instrument" " means a promissory note, bill of exchange or cheque payable
either to order or to bearer.
Explanation 1 : A promissory note, bill of exchange or cheque is payable to order which is
expressed to be so payable or which is expressed to be payable to a particular person, and does
not contain words prohibiting transfer or indicating an intention that it shall not be transferable.
Explanation 2 : A promissory note, bill of exchange or cheque is payable to bearer which is
expressed to be so payable or on which the only or last endorsement is an endorsement in blank.
Explanation 3 : Where a promissory note, bill of exchange or cheque, either originally or by
endorsement, is expressed to be payable to the order of a specified person, and not to him or his
26
order, it is nevertheless payable to him or his order at his option.]

12[(2)] A negotiable instrument may be made payable to two or more payees jointly, or it may be
Page

made payable in the alternative to one of two, or one or some of several payees.]
14. Negotiation
When a promissory note, bill of exchange or cheque is transferred to any person, so as to
constitute the person the holder thereof, the instrument is said to be negotiated.
15. Endorsement
When the maker or holder of a negotiable instrument signs the same, otherwise than as such
maker, for the purpose of negotiation on the back or face thereof or on a slip of paper annexed
thereto, or so signs for the same purpose a stamped paper intended to be completed as a
negotiable instrument, he is said to endorse the same, and is called the "endorser".
16. Endorsement "in blank" and "in full"-"endorsee"
13[(1) If the endorser signs his name only, the endorsement is said to be "in blank", and if he
adds a direction to pay the amount mentioned in the instrument to, or to the order of, a specified
person, the endorsement is said to be "in full", and the person so specified is called the
"endorsee" of the instrument.
(2) The provisions of this Act relating to a payee shall apply with the necessary modifications to
an endorsee.]
17. Ambiguous instruments
Where an instrument may be construed either as a promissory note or bill of exchange, the
holder may at his election treat it as either and the instrument shall be thenceforward treated
accordingly.
18. Where amount is stated differently in figures and words
If the amount undertaken or ordered to be paid is stated differently in figures and in words, the
amount stated in words shall be the amount undertaken or ordered to be paid.
19. Instruments payable on demand
A promissory note or bill of exchange, in which no time for payment is specified, and a cheque,
are payable on demand.
20. Inchoate stamped instruments
Where one person signs and delivers to another a paper stamped in accordance with the law
relating to negotiable instruments then in force in 14[India], and either wholly blank or having
written thereon an incomplete negotiable instrument, he thereby gives prima facie authority to
the holder thereof to make or complete, as the case may be, upon it a negotiable instrument, for
any amount specified therein and not exceeding the amount covered by the stamp. The person so
signing shall be liable upon such instrument, in the capacity in which he signed the same, to any
holder in due course for such amount; provided that no person other than a holder in due course
shall recover from the person delivering the instrument anything in excess of the amount
intended by him to be paid thereunder.
21. "At sight", "On presentment", "After sight"
In a promissory note or bill of exchange the expressions "at sight" and "on presentment" means
on demand. The expression "after sight" means, in a promissory note, after presentment for sight,
and, in a bill of exchange after acceptance, or noting for non-acceptance, or protest for non-
acceptance.
22. "Maturity"
The maturity of a promissory note or bill of exchange is the date at which it falls due.
Days of grace: Every promissory note or bill of exchange which is not expressed to be payable
27
on demand, at sight or on presentment is at maturity on the third day after the day on which it is
expressed to be payable.
Page

23. Calculating maturity of bill or note payable so many months after date or sight
In calculating the date at which a promissory note or bill of exchange, made payable at stated
number of months after date or after sight, or after a certain event, is at maturity, the period
stated shall be held to terminate on the day of the month, which corresponds with the day on
which the instrument is dated, or presented for acceptance or sight, or noted for non-acceptance,
or protested for non-acceptance, or the event happens or, where the instrument is a bill of
exchange made payable at stated number of months after sight and has been accepted for honour,
with the day on which it was so accepted. If the month in which the period would terminate has
no corresponding day, the period shall be held to terminate on the last day of such month.
Illustrations
(a) A negotiable instrument dated 29th January, 1878, is made payable at one month after date.
The instrument is at maturity on the third day after the 28th February, 1878.
(b) A negotiable instrument, dated 30th August, 1878, is made payable three months after date.
The instrument is at maturity on the 3rd December, 1878.
(c) A promissory note or bill of exchange, dated 31st August, 1878, is made payable three
months after date. The instrument is at maturity on the 3rd December, 1878.
24. Calculating maturity of bill or note payable so many days after date or sight
In calculating the date at which a promissory note or bill of exchange made payable at certain
number of days after date or after sight or after a certain event is at maturity, the day of the date,
or of presentment for acceptance or sight, or of protest for non-acceptance, or on which the event
happens, shall be excluded. 25. When day of maturity is a holiday. When the day on which a
promissory note or bill of exchange is at maturity is a public holiday, the instrument shall be
deemed to be due on the next preceding business day.
.
CHAPTER III
PARTIES TO NOTES, BILLS AND CHEQUES
26. Capacity to make, etc., promissory notes, etc.
Every person capable of contracting, according to the law to which he is subject, may bind
himself and be bound by the making, drawing, acceptance, endorsement, delivery and
negotiation of a promissory note, bill of exchange or cheque.
Minor: A minor may draw, endorse, deliver and negotiate such instruments so as to bind all
parties except himself.
Nothing herein contained shall be deemed to empower a corporation to make, endorse or accept
such instruments except in cases in which, under the law for the time being in force, they are so
empowered.
27. Agency
Every person capable of binding himself or of being bound, as mentioned in section 26, may so
bind himself or be bound by a duly authorised agent acting in his name.
A general authority to transact business and to receive and discharge debts does not confer upon
an agent the power of accepting or endorsing bills of exchange so as to bind his principal.
An authority to draw bills of exchange does not of itself import an authority to endorse.
28. Liability of agent signing
An agent who signs his name to a promissory note, bill of exchange or cheque without indicating
thereon that he signs as agent, or that he does not intend thereby to incur personal responsibility,
28
is liable personally on the instrument, except to those who induced him to sign upon the belief
that the principal only would be held liable.
Page

29. Liability of legal representative signing
A legal representative of a deceased person who signs his name to a promissory note, bill of
exchange or cheque is liable personally thereon unless he expressly limits his liability to the
extent of the assets received by him as such.
30. Liability of drawer
The drawer of a bill of exchange or cheque is bound in case of dishonour by the drawee or
acceptor thereof, to compensate the holder, provided due notice of dishonour has been given to,
or received by, the drawer as hereinafter provided.
31. Liability of drawee of cheque
The drawee of a cheque having sufficient funds of the drawer in his hands properly applicable to
the payment of such cheque must pay the cheque when duly required so to do, and, in default of
such payment, must compensate the drawer for any loss or damage caused by such default.
32. Liability of maker of note and acceptor of bill
In the absence of a contract to the contrary, the maker of a promissory note and the acceptor
before maturity of a bill of exchange are bound to pay the amount thereof at maturity according
to the apparent tenor of the note or acceptance respectively, and the acceptor of a bill of
exchange at or after maturity is bound to pay the amount thereof to the holder on demand.
In default of such payment as aforesaid, such maker or acceptor is bound to compensate any
party to the note or bill for any loss or damage sustained by him and caused by such default.
33. Only drawee can be acceptor except in need or for honour
No person except the drawee of a bill of exchange, or all or some of several drawees, or a person
named therein as a drawee in case of need, or an acceptor for honour, can bind himself by an
acceptance.
34. Acceptance by several drawees not partners
Where there are several drawees of a bill of exchange who are not partners, each of them can
accept it for himself, but none of them can accept it for another without his authority.
35. Liability of endorser
In the absence of a contract to the contrary, whoever endorses and delivers a negotiable
instrument before maturity, without, in such endorsement, expressly excluding or making
conditional his own liability, is bound thereby to every subsequent holder, in case of dishonour
by the drawee, acceptor or maker, to compensate such holder for any loss or damage caused to
him by such dishonour, provided due notice of dishonour has been given to, or received by, such
endorser as hereinafter provided.
Every endorser after dishonour is liable as upon an instrument payable on demand.
36. Liability of prior parties to holder in due course
Every prior party to a negotiable instrument is liable thereon to a holder in due course until the
instrument is duly satisfied.
37. Maker, drawer and acceptor principals
The maker of a promissory note or cheque, the drawer of a bill of exchange until acceptance, and
the acceptor are, in the absence of a contract to the contrary, respectively liable thereon as
principal debtors, and the other parties thereto are liable thereon as sureties for the maker, drawer
or acceptor, as the case may be.
38. Prior party a principal in respect of each subsequent party
As between the parties so liable as sureties, each prior party is, in the absence of a contract to the
29
contrary, also liable thereon as a principal debtor in respect of each subsequent party.
Illustration
Page

A draws a bill payable to his own order on B, who accepts. A afterwards endorses the bill to C, C
to D and D to E. As between E and B, B is the principal debtor, and A, C and D are his sureties.
As between E and A, A is the principal debtor, and C and D are his sureties. As between E and
C, C is the principal debtor and D is his surety.
39. Suretyship
When the holder of an accepted bill of exchange enters into any contract with the acceptor
which, under section 134 or 135 of the Indian Contract Act, 1872 (9 of 1872), would discharge
the other parties, the holder may expressly reserve his right to charge the other parties, and in
such case they are not discharged.
40. Discharge of endorser's liability
Where the holder of a negotiable instrument, without the consent of the endorser, destroys or
impairs the endorser's remedy against a prior party, the endorser is discharged from liability to
the holder to the same extent as if the instrument had been paid at maturity.
Illustration
A is the holder of a bill of exchange made payable to the order of B, which contains the
following endorsements in blank-
First endorsement, "B".
Second endorsement, "Peter Williams".
Third endorsement, "Wright & Co.".
Fourth endorsement "John Rozario".
This bill A puts in suit against John Rozario and strikes out, without John Rozario's consent, the
endorsements by Peter Williams and Wright & Co. A is not entitled to recover anything from
John Rozario.
41. Acceptor bound, although endorsement forged
An acceptor of a bill of exchange already endorsed is not relieved from liability by reason that
such endorsement is forged, if he knows or had reason to believe the endorsement to be forged
when he accepted the bill.
42. Acceptance of bill drawn in fictitious name
An acceptor of a bill of exchange drawn in a fictitious name and payable to the drawer's order is
not, by reason that such name is fictitious, relieved from liability to any holder in due course
claiming under an endorsement by the same hand as the drawer's signature, and purporting to be
made by the drawer.
43. Negotiable instrument made, etc. without consideration
A negotiable instrument made, drawn, accepted, endorsed, or transferred without consideration,
or for a consideration which fails, creates no obligation of payment between the parties to the
transaction. But if any such party has transferred the instrument with or without endorsement to a
holder for a consideration, such holder, and every subsequent holder deriving title from him, may
recover the amount due on such instrument from the transferor for consideration or any prior
party thereto.
Exception I: No party for whose accommodation a negotiable instrument has been made, drawn,
accepted or endorsed can, if he has paid the amount thereof, recover thereon such amount from
any person who became a party to such instrument for his accommodation.
Exception II: No party to the instrument who has induced any other party to make draw, accept,
endorse or transfer the same to him for a consideration which he has failed to pay or perform in
30
full shall recover therein an amount exceeding the value of the consideration (if any) which he
has actually paid or performed.
Page

44. Partial absence or failure of money-consideration
When the consideration for which a person signed a promissory note, bill of exchange or cheque
consisted of money and was originally absent in part, or has subsequently failed in part, the sum
which a holder standing in immediate relation with such signer is entitled to receive from him is
proportionally reduced.
Explanation: The drawer of a bill of exchange stands in immediate relation with the acceptor.
The maker of a promissory note, bill of exchange or cheque stands in immediate relation with the
payee, and the endorser with his endorsee. Other signers may by agreement stand in immediate
relation with a holder.
Illustration
A draws a bill on B for Rs. 500 payable to the order of A. B accepts the bill, but subsequently
dishonours it by non-payment. A sues B on the bill. B proves that it was accepted for value as to
Rs. 400, and as an accommodation to the plaintiff as to the residue. A can only recover Rs. 400.
45. Partial failure of consideration not consisting of money
Where a part of the consideration for which a person signed a promissory note, bill of exchange
or cheque, though not consisting of money, is ascertainable in money without collateral enquiry,
and there has been a failure of that party, the sum which a holder standing in immediate relation
with such signer is entitled to receive from him is proportionally reduced.
17[45A. Holder's right to duplicate of lost bill
Where a bill of exchange has been lost before it is overdue, the person who was the holder of it
may apply to the drawer to give him another bill of the same tenor, giving security to the drawer,
if required, to indemnify him against all persons whatever in case the bill alleged to have been
lost shall be found again.
If the drawer on request as aforesaid refuses to give such duplicate bill, he may be compelled to
do so.
OF NEGOTIATION
46. Delivery
The making, acceptance or endorsement of a promissory note, bill of exchange or cheque is
completed by delivery, actual or constructive.
As between parties standing in immediate relation, delivery to be effectual must be made by the
party making, accepting or endorsing the instrument, or by a person authorised by him in that
behalf.
As between such parties and any holder of the instrument other than a holder in due course, it
may be shown that the instrument was delivered conditionally or for a special purpose only, and
not for the purpose of transferring absolutely the property therein.
A promissory note, bill of exchange or cheque payable to bearer is negotiable by the delivery
thereof.
A promissory note, bill of exchange or cheque payable to order is negotiable by the holder by
endorsement and delivery thereof.
47. Negotiation by delivery
Subject to the provisions of section 58, a promissory note, bill of exchange or cheque payable to
bearer is negotiable by delivery thereof.
Exception: A promissory note, bill of exchange or cheque delivered on condition that it is not to
take effect except in a certain event is not negotiable (except in the hands of a holder for value
31
without notice of the condition) unless such event happens.

Illustration
Page

(a) A, the holder of a negotiable instrument payable to bearer, delivers it to B's agent to keep for
B. The instrument has been negotiated.
(b) A, the holder of a negotiable instrument payable to bearer, which is in the hands of A's
banker, who is at the time the banker of B, directs the banker to transfer the instrument to B's
credit in the banker's account with B. The banker does so, and accordingly now possesses the
instrument as B's agent. The instrument has been negotiated, and B has become the holder of it.
48. Negotiation by endorsement
Subject to the provisions of section 58, a promissory note, bill of exchange or cheque 18[payable
to order], is negotiable by the holder by endorsement and delivery thereof.
49. Conversion of endorsement in blank into endorsement in full
The holder of a negotiable instrument endorsed in blank may, without signing his own name, by
writing above the endorser's signature a direction to pay to any other person as endorsee, convert
the endorsement in blank into an endorsement in full; and the holder does not thereby incur the
responsibility of an endorser.
50. Effect of endorsement
The endorsement of a negotiable instrument followed by delivery transfers to the endorsee the
property therein with the right of further negotiation, but the endorsement may by express words,
restrict or exclude such right, or may merely constitute the endorsee an agent to endorse the
instrument, or to receive its contents for the endorser, or for some other specified person.
Illustrations
B signs the following indorsements on different negotiable instruments payable to bearer,-
(a) "pay the contents to C only".
(b) "pay C for my use".
(c) "pay C on order for the account to B".
(d) "the within must be credited to C".
These endorsements exclude the right of further negotiation by C.
(e) "pay C".
(f) "pay C value in account with the Oriental Bank".
(g) "pay the contents to C, bring part of the consideration in a certain deed of assignment
executed by C to endorser and others".
These endorsements do not exclude the right of further negotiation by C.
51. Who may negotiate
Every sole maker, drawer, payee or indorsee, or all of several joint makers, drawers, payees or
endorsees, of a negotiable instrument may, if the negotiability of such instrument has not been
restricted or excluded as mentioned in section 50, endorse and negotiate the same.
Explanation : Nothing in this section enables a maker or drawer to endorse or negotiate an
instrument, unless he is in lawful possession or is holder thereof, or enables a payee or endorsee
to endorse or negotiate an instrument, unless he is holder thereof.
Illustration
A bill is drawn payable to A or order. A endorses it to B, the endorsement not containing the
words "or order" or any equivalent words. B may negotiate the instrument.
52. Endorser who excludes his own liability or makes it conditional
The endorser of a negotiable instrument may, by express words in the endorsement, exclude his
own liability thereon, or make such liability or the right of the endorsee to receive the amount
32
due thereon depend upon the happening of a specified event, although such event may never
happen.
Page

Where an endorser so excludes his liability and afterwards becomes the holder of the instrument
all intermediates endorsers are liable to him.
Illustrations
(a) The endorser of a negotiable instrument signs his name, adding the words "without recourse".
Upon this endorsement he incurs no liability.
(b) A is the payee and holder of a negotiable instrument. Excluding personal liability by an
endorsement, "without recourse", he transfers the instrument to B, and B endorses it to C, who
endorses it to A. A is not only reinstated in his former rights, but has the rights of an endorsee
against B and C.
53. Holder deriving title from holder in due course
A holder of a negotiable instrument who derives title from a holder in due course has the rights
thereon of that holder in due course.
54. Instrument endorsed in blank
Subject to the provisions hereinafter contained as to crossed cheques, a negotiable instrument
endorsed in blank is payable to the bearer thereof even although originally payable to order.
55. Conversion of endorsement in blank into endorsement in full
If a negotiable instrument, after having been endorsed in blank, is endorsed in full, the amount of
it cannot be claimed from the endorser in full, except by the person to whom it has been
endorsed in full, or by one who derives title through such person.
56. Endorsement for part of sum due
No writing on a negotiable instrument is valid for the purpose of negotiation if such writing
purports to transfer only a part of the amount appearing to be due on the instrument; but where
such amount has been partly paid a note to that effect may be endorsed on the instrument, which,
may then be negotiated for the balance.
57. Legal representative cannot by delivery only negotiate instrument endorsed by deceased
The legal representative of a deceased person cannot negotiate by delivery only a promissory
note, bill of exchange or cheque payable to order and endorsed by the deceased but not delivered.
58. Instrument obtained by unlawful means or for unlawful consideration
When a negotiable instrument has been lost, or has been obtained from any maker, acceptor or
holder thereof by means of an offence or fraud, or for an unlawful consideration, no possessor or
endorsee who claims through the person who found or so obtained the instrument is entitled to
receive the amount due thereon from such maker, acceptor or holder, or from any party prior to
such holder, unless such possessor or endorsee is, or some person through whom he claims was,
a holder thereof in due course.
59. Instrument acquired after dishonour or when overdue
The holder of a negotiable instrument, who has acquired it after dishonour, whether by non-
acceptance or non-payment, with notice thereof, or after maturity, has only, as against the other
parties, the rights thereon of his transferor :
Accommodation note or bill : Provided that any person who, in good faith and for consideration,
becomes the holder, after maturity, of a promissory note or bill of exchange made, drawn or
accepted without consideration, for the purpose of enabling some party thereto to raise money
thereon, may recover the amount of the note or bill from any prior party.
Illustration
The acceptor of a bill of exchange, when he accepted it, deposited with the drawer certain goods
33
as a collateral security for the payment of the bill, with power to the drawer to sell the goods and
apply the proceeds in discharge of the bill if it were not paid at maturity. The bill not having been
Page

paid at maturity, the drawer sold the goods and retained the proceeds, but endorsed the bill to A.
A's title is subject to the same objection as the drawer's title.
60. Instrument negotiable till payment or satisfaction
A negotiable instrument may be negotiated (except by the maker, drawee or acceptor after
maturity) until payment or satisfaction thereof by the maker, drawee or accepter at or after
maturity, but not after such payment or satisfaction.
CHAPTER V
OF PRESENTMENT
61. Presentment for acceptance
A bill of exchange payable after sight must, if no time or place is specified therein for
presentment, be presented to the drawee thereof for acceptance, if he can, after reasonable
search, be found, by a person entitled to demand acceptance, within a reasonable time after it is
drawn, and in business hours on a business day. In default of such presentment, no party thereto
is liable thereon to the person making such default. If the drawee cannot, after reasonable search,
be found, the bill is dishonoured.
If the bill is directed to drawee at a particular place, it must be presented at that place, and if at
the due- date for presentment he cannot, after reasonable search, be found thereon, the bill is
dishonoured.
17[When authorised by agreement or usage, a presentment through the post office by means of a
registered letter is sufficient.]
62. Presentment of promissory note for sight
A promissory note, payable at a certain period after sight, must be presented to the maker thereof
for sight (if he can after reasonable search be found) by a person entitled to demand payment,
within a reasonable time after it is made and in business hours on a business day. In default of
such presentment, no party thereto is liable thereon to the person making such default.
63. Drawee's time for deliberation
The holder must, if so required by the drawee of a bill of exchange presented to him for
acceptance, allow the drawee 19[forty-eight] hours (exclusive of public holidays) to consider
whether he will accept it.
64. Presentment for payment
Promissory notes, bill of exchange and cheques must be presented for payment to the maker,
acceptor or drawee thereof respectively, by or on behalf of the holder as hereinafter provided. In
default of such presentment, the other parties thereto are not liable thereon to such holder.
20[Where authorised by agreement or usage, a presentment through the post office by means of a
registered letter is sufficient.]
Exception: Where a promissory note is payable on demand and is not payable at a specified
place, no presentment is necessary in order to charge the maker thereof.
65. Hours for presentment
Presentment for payment must be made during the usual hours of business and, if at a banker's,
within banking hours.
66. Presentment for payment of instrument payable after date or sight
A promissory note or bill of exchange, made payable at a specified period after date or sight
thereof, must be presented for payment at maturity.
67. Presentment for payment of promissory note payable by instalments
34
A promissory note payable by instalments must be presented for payment on the third day after
the date fixed for payment of each instalment; and non-payment on such presentment has the
Page

same effect as non-payment of a note at maturity.
68. Presentment for payment of instrument payable at specified place and not elsewhere
A promissory note, bill of exchange or cheque made, drawn or accepted payable at a specified
place and not elsewhere must, in order to charge any party thereto, be presented for payment at
that place.
69. Instrument payable at specified place
A promissory note or bill of exchange made, drawn or accepted payable at a specified place
must, in order to charge the maker or drawer thereof, be presented for payment at the place.
70. Presentment where no exclusive place specified
A promissory note or bill of exchange, not made payable as mentioned in sections 68 and 69,
must be presented for payment at the place of business(if any) or at the usual residence, of the
maker, drawee or acceptor thereof, as the case may be.
71. Presentment when maker, etc., has no known place of business or residence
If the maker, drawee, or acceptor of a negotiable instrument has no known place of business or
fixed residence, and no place is specified in the instrument for presentment for acceptance or
payment, such presentment may be made to him in person wherever he can be found.
72. Presentment of cheque to charge drawer
20[Subject to the provisions of section 84] a cheque must, in order to charge the drawer, be
presented at the bank on which it is drawn before the relation between the drawer and his banker
has been altered to the prejudice of the drawer.
73. Presentment of cheque to charge any other person
A cheque must, in order to charge any person except the drawer, be presented within a
reasonable time after delivery thereof by such person.
74. Presentment of instrument payable at demand
Subject to the provisions of section 31, a negotiable instrument payable on demand must be
presented for payment within a reasonable time after it is received by the holder.
75. Presentment by or to agent, representative of deceased, or assignee of insolvent
Presentment for acceptance or payment may be made to the duly authorised agent of the drawee,
maker or acceptor, as the case may be, or, where the drawee, maker or acceptor has died, to his
legal representative, or, where he has been declared an insolvent, to his assignee.
21[75A. Excuse for delay in presentment for acceptance or payment
Delay in presentment 22[for acceptance or payment] is excused if the delay is caused by
circumstances beyond the control of the holder, and not imputable to his default, misconduct or
negligence. When the cause of the delay ceases to operate, presentment must be made within a
reasonable time.]
76. When presentment unnecessary
No presentment for payment is necessary, and the instrument is dishonoured at the due date for
presentment, in any of the following cases:
(a) if the maker, drawee or acceptor intentionally prevents the presentment of the instrument, or
If the instrument being payable at his place of business, he closes such place on a business day
during the usual business hours, or
If the instrument being payable at some other specified place, neither he nor any person
authorised to pay it attends at such place during the usual business hours, or
If the instrument not being payable at any specified place, he cannot after due search be found;
35
(b) as against any party sought to be charged therewith, if he has engaged to pay notwithstanding
non-presentment;
Page

(c) as against any party if, after maturity, with knowledge that the instrument has not been
presented-
he makes a part payment on account of the amount due on the instrument, or promises to pay the
amount due therein whole or in part,
or otherwise waives his right to take advantage of any default in presentment for payment;
(d) as against the drawer, if the drawer could not suffer damage from the want of such
presentment.
77. Liability of banker for negligently dealing with bill presented for payment
When a bill of exchange, accepted payable at a specified bank, has been duly presented there for
payment and dishonored, if the banker so negligently or improperly keeps, deals with or delivers
back such bill as to cause loss to the holder, he must compensate the holder for such loss.
CHAPTER VI
OF PAYMENT AND INTEREST
78. To whom payment should be made
Subject to the provisions of section 82, clause (c), payment of the amount due on a promissory
note, bill of exchange or cheque must, in order to discharge the maker or acceptor, be made to
the holder of the instrument.
79. Interest when rate specified
When interest at a specified rate is expressly made payable on a promissory note or bill of
exchange, interest shall be calculated at the rate specified, on the amount of the principal money
due thereon, from the date of the instrument, until tender or realisation of such amount, or until
such date after the institution of a suit to recover such amount as the court directs.
80. Interest when no rate specified
When no rate of interest is specified in the instrument, interest on the amount due thereon shall,
23[notwithstanding any agreement relating to interest between any parties to the instrument], be
calculated at the rate of 24[eighteen per centum] per annum, from the date at which the same
ought to have been paid by the party charged, until tender or realisation of the amount due
thereon, or until such date after the institution of a suit to recover such amount as the court
directs.
Explanation: When the party charged is the indorser of an instrument dishonoured by non-
payment, he is liable to pay interest only from the time that he receives notice of the dishonour.
81. Delivery of instrument on payment or indemnity in case of loss
Any person liable to pay, and called upon by the holder thereof to pay, the amount due on a
promissory note, bill of exchange or cheque is before payment entitled to have it shown, and is
on payment entitled to have it delivered up, to him, or, if the instrument is lost or cannot be
produced, to be indemnified against any further claim thereon against him.
CHAPTER VII
OF DISCHARGE FROM LIABILITY ON NOTES, BILLS AND CHEQUES
82. Discharge from liability
The maker, acceptor or endorser respectively of a negotiable instrument is discharged from
liability thereon-
(a) By cancellation-to a holder thereof who cancels such acceptor's or endorser's name with
36
intent to discharge him, and to all parties claiming under such holder,
(b) By release- to a holder thereof who otherwise discharges such maker, acceptor or endorser,
Page

and to all parties deriving title under such holder after notice of such discharge;
(c) By payment-to all parties thereto, if the instrument is payable to bearer, or has been endorsed
in blank, and such maker, acceptor or endorser makes payment in due course of the amount due
thereon.
83. Discharge by allowing drawee more than forty-eight hours to accept
If the holder of a bill of exchange allows the drawee more than 19[forty eight] hours, exclusive
of public holidays, to consider whether he will accept the same, all previous parties not
consenting to such allowance are thereby discharged from liability to such holder.
84. When cheque not duly presented and drawer damaged thereby
25[(1) Where a cheque is not presented for payment within a reasonable time of its issue, and the
drawer or person on whose account it is drawn had the right, at the time when presentment ought
to have been made, as between himself and the banker, to have the cheque paid and suffers
actual damage through the delay, he is discharged to the extent of such damage, that is to say, to
the extent to which such drawer or person is a creditor of the banker to a large amount than he
would have been if such cheque had been paid.
(2) In determining what is a reasonable time, regard shall be had to the nature of the instrument,
the usage of trade and of bankers, and the facts of the particular case.
(3) The holder of the cheques as to which such drawer or person is so discharged shall be a
creditor, in lieu of such drawer or person, of such banker to the extent of such discharge and
entitled to recover the amount from him.
Illustrations
(a) A draws a cheque for Rs. 1,000, and, when the cheque ought to be presented, has funds at the
bank to meet it. The bank fails before the cheque is presented. The drawer is discharged, but the
holder can prove against the bank for the amount of the cheque.
(b) A draws a cheque at Umballa on a bank in Calcutta. The bank fails before the cheque could
be presented in ordinary course. A is not discharged, for he has not suffered actual damage
through any delay in presenting the cheque.
85. Cheque payable to order
26[(1) Where a cheque payable to order purports to be endorsed by or on behalf of the payee, the
drawee is discharged by payment in due course.
(2) Where a cheque is originally expressed to be payable to bearer, the drawee is discharged by
payment in due course to the bearer thereof, notwithstanding any endorsement whether in full or
in blank appearing thereon, and notwithstanding that any such endorsement purports to restrict or
exclude further negotiation.]
21[85A. Drafts drawn by one branch of a bank on another payable to order
Where any draft, that is an order to pay money, drawn by one office of a bank upon another
office of the same bank for a sum of money payable to order on demand, purports to be endorsed
by or on behalf of the payee, the bank is discharged by payment in due course.]
86. Parties not consenting discharged by qualified or limited acceptance
If the holder of a bill of exchange acquiesces in a qualified acceptance, or one limited to part of
the sum mentioned in the bill, or which substitutes a different place or time for payment, or
which, where the drawees are not partners, is not signed by all the drawees, all previous parties
whose consent is not obtained to such acceptance are discharged as against the holder and those
claiming under him, unless on notice given by the holder they assent to such acceptance.
37
Explanation: An acceptance is qualified,-

(a) where it is conditional, declaring the payment to be dependent on the happening of an event
Page

therein stated;
(b) where it undertakes the payment of part only of the sum ordered to be paid;
(c) where, no place of payment being specified on the order it undertakes the payment at a
specified place, and not otherwise or elsewhere; or where, a place of payment being specified in
the order, it undertakes the payment at some other place and not otherwise or elsewhere;
(d) where it undertakes the payment at a time other than that at which under the order it would be
legally due.
87. Affect of material alteration
Any material alteration of a negotiable instrument renders the same void as against anyone who
is a party thereto at the time of making such alteration and does not consent thereto, unless it was
made in order to carry out the common intention of the original parties;
Alteration by endorsee:
and any such alteration, if made by an endorsee, discharges his endorser from all liability to him
in respect of the consideration thereof.
The provisions of this section are subject to those of sections 20, 49, 86 and 125.
88. Acceptor or endorser bound notwithstanding previous alteration
An acceptor or endorser of a negotiable instrument is bound by this acceptance or indorsement
notwithstanding any previous alteration of the instrument.
89. Payment of instrument on which alteration is not apparent
Where a promissory note, bill of exchange or cheque has been materially altered but does not
appear to have been so altered,
or where a cheque is presented for payment which does not at the time of presentation appear to
be crossed or to have had a crossing which has been obliterated,
payment thereof by a person or banker liable to pay, and paying the same according to the
apparent tenor thereof at the time of payment and otherwise in due course, shall discharge such a
person or banker from all liability thereon, and such payment shall not be questioned by reason
of the instrument having been altered, or the cheque crossed.
90. Extinguishment of rights of action on bill in acceptor's hands
If a bill of exchange which has been negotiated is, at or after maturity, held by the acceptor in his
own right, all rights of action thereon are extinguished.
CHAPTER VIII
OF NOTICE OF DISHONOUR
91. Dishonour by non-acceptance
A bill of exchange is said to be dishonoured by non-acceptance when the drawees, or one of
several drawees not being partners, makes default in acceptance upon being duly required to
accept the bill, or where presentment is excused and the bill is not accepted.
Where the drawee is incompetent to contract, or the acceptance is qualified the bill may be
treated as dishonoured.
92. Dishonour by non-payment
A promissory note, bill of exchange or cheque is said to be dishonoured by non-payment when
the maker of the note, acceptor of the bill or drawee of the cheque makes default in payment
upon being duly required to pay the same.
93. By and to whom notice should be given
When a promissory note, bill of exchange or cheque is dishonoured by non-acceptance or non-
38
payment, the holder thereof, or some party thereto who remains liable thereon, must give notice
that the instrument has been so dishonoured to all other parties whom the holder seeks to make
Page

severally liable thereon, and to some one of several parties whom he seeks to make jointly liable
thereon.
Nothing in this section renders it necessary to give notice to the maker of the dishonoured
promissory note, or the drawee or acceptor of the dishonoured bill of exchange or cheque.
94. Mode in which notice may be given
Notice of dishonour may be given to a duly authorised agent of the person to whom it is required
to be given, or, where he has died, to his legal representative, or, where he has been declared an
insolvent, to his assignee; may be oral or written; may, if written, be sent by post; and may be in
any form; but it must inform the party to whom it is given, either in express terms or by
reasonable intendment, that the instrument has been dishonoured, and in what way, and that he
will be held liable thereon; and it must be given within a reasonable time after dishonour, at the
place of business or (in case such party has no place of business) at the residence of the party for
whom it is intended.
If the notice is duly directed and sent by post and miscarries, such miscarriage does not render
the notice invalid.
95. Party receiving must transmit notice of dishonour
Any party receiving notice of dishonour must, in order to render any prior party liable to himself,
give notice of dishonour to such party within a reasonable time, unless such party otherwise
receives due notice as provided by section 93.
96. Agent for presentment
When the instrument is deposited with an agent for presentment, the agent is entitled to the same
time to give notice to his principal as if he were the holder giving notice of dishonour, and the
principal is entitled to a further like period to give notice of dishonour.
97. When party to whom notice given is dead
When the party to whom notice of dishonour is despatched is dead, but the party despatching the
notice is ignorant of his death, the notice is sufficient.
98. When, notice of dishonour is unnecessary
No notice of dishonour is necessary,-
(a) when it is dispensed with by the party entitled thereto;
(b) in order to charge the drawer, when he has countermanded payment;
(c) when the party charged could not suffer damages for want of notice;
(d) when the party entitled to notice cannot after due search be found; or the party bound to give
notice is, for any other reason, unable without any fault of his own to give it;
(e) to charge the drawers, when the acceptor is also a drawer;
(f) in the case of a promissory note which is not negotiable;
(g) when the party entitled to notice, knowing the facts, promises unconditionally to pay the
amount due on the instrument.
CHAPTER IX
OF NOTING AND PROTEST
99. Noting
When a promissory note or bill of exchange has been dishonoured by non-acceptance or non-
payment, the holder may cause such dishonour to be noted by a notary public upon the
instrument, or upon a paper attached thereto, or partly upon each, such note must be made within
a reasonable time after dishonour, and must specify the date of dishonour, the reason, if any
39
assigned for such dishonour, or if the instrument has not been expressly dishonoured, the reason
why the holder treats it as dishonoured, and the notary's charges.
Page

100. Protest
When a promissory note or bill of exchange has been dishonoured by non-acceptance or non-
payment, the holder may, within a reasonable time, cause such dishonour to be noted and
certified by a notary public. Such certificate is called a protest.
Protest for better security : When the acceptor of a bill of exchange has become insolvent, or his
credit has been publicly impeached, before the maturity of the bill, the holder may, within a
reasonable time, cause a notary public to demand better security of the acceptor, and on its being
refused may, with a reasonable time, cause such facts to be noted and certified as aforesaid. Such
certificate is called a protest for better security.
101. Contents of protest
A protest under section 100 must contain,-
(a) either the instrument itself, or a literal transcript of the instrument and of everything written
or printed thereupon;
(b) the nature of the person for whom and against whom the instrument has been protested;
(c) a statement that payment or acceptance, or better security, as the case may be, has been
demanded of such person by the notary public; the terms of his answer, if any, or a statement that
he gave no answer, or that he could not be found;
(d) when the note or bill has been dishonoured, the place and time of dishonour, and, when better
security has been refused, the place and time of refusal;
(e) the subscription of the notary public making the protest;
(f) in the event of an acceptance for honour or of a payment for honour, the name of the person
by whom, of the person for whom, and the manner in which, such acceptance or payment was
offered and effected.
17[A notary public may make the demand mentioned in clause (c) of this section either in person
or by his clerk or, where authorised by agreement or usage, by registered letter.]
102. Notice of protest
When a promissory note or bill of exchange is required by law to be protested, notice of such
protest must be given instead of notice of dishonour, in the same manner and subject to the same
conditions; but the notice may be given by the notary public who makes the protest.
103. Protest for non-payment after dishonour by non-acceptance
All bills of exchange drawn payable at some other place than the place mentioned as the
residence of the drawee, and which are dishonoured by non-acceptance, may, without further
presentment to the drawee, be protested for non-payment, in the place specified for payment,
unless paid before or at maturity.
104. Protest of foreign bills
Foreign bills of exchange must be protested for dishonour when such protest is required by the
law of the place where they are drawn.
17[104A. When noting equivalent to protest
For the purposes of this Act, where a bill or note is required to be protested within a specified
time or before some further proceeding is taken, it is sufficient that the bill has been noted for
protest before the expiration of the specified time or the taking of the proceeding; and the formal
protest may be extended at any time thereafter as of the date of the noting.]
CHAPTER X
OF REASONABLE TIME
40
105. Reasonable time

In determining what is a reasonable time for presentment for acceptance or payment, for giving
Page

notice of dishonour and for noting, regard shall be had to the nature of the instrument and the
usual course of dealing with respect to similar instruments; and, in calculating such time, public
holidays shall be excluded.
106. Reasonable time of giving notice of dishonour
If the holder and the party to whom notice of dishonour is given carry on business or live (as the
case may be) in different places, such notice is given within a reasonable time if it is despatched
by the next post or on the day next after the day of dishonour.
If the said parties carry on business or live in the same place, such notice is given within a
reasonable time if it is despatched in time to reach its destination on the date next after the day of
dishonour.
107. Reasonable time for transmitting such notice
A party receiving notice of dishonour, who seeks to enforce his right against a prior party,
transmits the notice within a reasonable time if he transmits it within the same time after its
receipt as he would have had to give notice if he had been the holder.
CHAPTER XI
OF ACCEPTANCE AND PAYMENT FOR HONOUR AND REFERENCE IN CASE OF
NEED
108. Acceptance for honour
When a bill of exchange has been noted or protested for non-acceptance or for better security,
any person not being a party already liable thereon may, with the consent of the holder, by
writing on the bill accept the same for the honour of any party thereto 27[***].
109. How acceptance for honour must be made
A person desiring to accept for honour must, 28[by writing on the bill under his hand], declare
that he accepts under protest the protested bill for the honour of the drawer or of a particular
endorser whom he names, or generally for honour 29[***].
110. Acceptance not specifying for whose honour it is made
Where the acceptance does not express for whose honour it is made it shall be deemed to be
made for the honour of the drawer.
111. Liability of acceptor for honour
An acceptor for honour binds himself to all parties subsequent to the party for whose honour he
accepts to pay the amount of the bill if the drawee does not; and such party and all prior parties
are liable in their respective capacities to compensate the acceptor for honour for all loss or
damage sustained by him in consequence of such acceptance.
But an acceptor for honour is not liable to the holder of the bill unless it is presented, or (in case
the address given by such acceptor on the bills is a place other than the place where the bill is
made payable) forwarded for presentment, not later than the day next after the day of its
maturity.
112. When acceptor for honour may be charged
An acceptor for honour cannot be charged unless the bill has at its maturity been presented to the
drawee for payment, and has been dishonoured by him, and noted or protested for such
dishonour.
113. Payment for honour
When a bill of exchange has been noted or protested for non-payment, any person may pay the
same for the honour of any party liable to pay the same; provided that the person so paying 17[or
41
his agent in that behalf] has previously declared before a notary public the party for whose
honour he pays, and that such declaration has been recorded by such notary public.
Page

114. Right of payer for honour
Any person so paying is entitled to all the rights in respect of the bill, of the holder at the time of
such payment, and may recover from the party for whose honour he pays all sums so paid, with
interest thereon and with all expenses properly incurred in making such payment.
115. Drawee in case of need
Where a drawee in case of need is named in a bill of exchange, or in any endorsement thereon,
the bill is not dishonoured until it has been dishonoured by such drawee.
116. Acceptance and payment without protest
A drawee in case of need may accept and pay the bill of exchange without previous protest
CHAPTER XII
OF COMPENSATION
117. Rules as to compensation
The compensation payable in case of dishonour of promissory note, bill of exchange or cheque,
by any party liable to the holder or any endorsee, shall 30[***] be determined by the following
rules:
(a) the holder is entitled to the amount due upon the instrument together with the expense
properly incurred in presenting, noting and protesting it;
(b) when the person charged resides at a place different from that at which the instrument was
payable, the holder is entitled to receive such sum at the current rate of exchange between the
two places;
(c) an endorser who, being liable, has paid the amount due on the same is entitled to the amount
so paid with interest at 31[eighteen per centum] per annum from the date of payment until tender
or realisation thereof, together with all expenses caused by the dishonour and payment;
(d) when the person charged and such endorser reside at different places, the endorser is entitled
to receive such sum at the current rate of exchange between the two places;
(e) the party entitled to compensation may draw a bill upon the party liable to compensate him,
payable at sight or on demand, for the amount due to him, together with all expenses properly
incurred by him. Such bill must be accompanied by the instrument dishonoured and the protest
thereof (if any). If such bill is dishonoured, the party dishonouring the same is liable to make
compensation thereof in the same manner as in the case of the original bill.
CHAPTER XIII
SPECIAL RULES OF EVIDENCE
118. Presumptions as to negotiable instruments
Until the contrary is proved, the following presumption shall be made:-
(a) of consideration-that every negotiable instrument was made or drawn for consideration, and
that every such instrument, when it has been accepted, endorsed, negotiated or transferred, was
accepted, endorsed, negotiated or transferred for consideration;
(b) as to date-that every negotiable instrument bearing a date was made or drawn on such date;
(c) as to time of acceptance-that every accepted bill of exchange was accepted within a
reasonable time after its date and before its maturity;
(d) as to time of transfer-that every transfer of a negotiable instrument was made before its
maturity;
(e) as to order of endorsements-that the endorsements appearing upon a negotiable instrument
were made in the order in which they appear thereon;
42
(f) as to stamps-that a lost promissory note, bill of exchange or cheque was duly stamped;
(g) that holder is a holder in due course-that the holder of a negotiable instrument is a holder in
Page

due course; provided that, where the instrument has been contained from its lawful owner, or
from any person in lawful custody thereof, by means of an offence or fraud, or has been obtained
from the maker or acceptor thereof by means of an offence or fraud, or for unlawful
consideration, the burden of proving that the holder is a holder in due course lies upon him.
119. Presumption on proof of protest
In a suit upon an instrument which has been dishonoured, the court shall, on proof of the protest,
presume the fact of dishonour, unless and until such fact is disproved.
120. Estoppel against denying original validity of instrument
No maker of a promissory note, and no drawer of a bill of exchange or cheque, and no acceptor
of a bill of exchange for the honour of the drawer shall, on proof of the protest, presume the fact
of dishonour, unless and until validity of the instrument as originally made or drawn.
121. Estoppel against denying capacity of payee to endorse
No maker of a promissory note, and no acceptor of a bill of exchange 32[payable to order] shall,
in suit thereon by a holder in due course, be permitted to deny the payee's capacity, at the rate of
the note or bill, to endorse the same.
122. Estoppel against denying signature or capacity of prior party
No endorser of a negotiable instrument shall, in a suit thereon by a subsequent holder, be
permitted to deny the signature or capacity to contract of any prior party to the instruments.
NEGOTIABLE INSTRUMENTS ACT, 1881
CHAPTER XIV
OF CROSSED CHEQUES
123. Cheque crossed generally
Where a cheque bears across its face an addition of the words "and company" or any
abbreviation thereof, between two parallel transverse lines or of two parallel transverse lines
simply, either with or without the word "not negotiable", that addition shall be deemed a
crossing, and the cheque shall be deemed to be crossed generally.
124. Cheque crossed specially
Where a cheque bears across its face an addition of the name of a banker, either with or without
the words "not negotiable", that addition shall be deemed a crossing and the cheque shall be
deemed to be crossed specially, and to be crossed to that banker.
125. Crossing after issue
Where a cheque is uncrossed, the holder may cross it generally or specially.
Where a cheque is crossed generally, the holder may cross it specially.
Where a cheque is crossed generally or specially, the holder may add the words "not negotiable".
Where a cheque is crossed specially, the banker to whom it is crossed may again cross it
specially to another banker, his agent, for collection.
126. Payment of cheque crossed generally
Where a cheque is crossed generally, the banker on whom it is drawn shall not pay it otherwise
than to a banker.
Payment of cheque crossed specially: Where a cheque is crossed specially, the banker on whom
it is drawn shall not pay it otherwise than to the banker to whom it is crossed, or his agent for
collection.
127. Payment of cheque crossed specially more than once
Where a cheque is crossed specially to more than one banker, except when crossed to an agent
43
for the purpose of collection, the banker on whom it is drawn shall refuse payment thereof.
128. Payment in due course of crossed cheque
Page

Where the banker on whom a crossed cheque is drawn has paid the same in due course, the
banker paying the cheque, and (in case such cheque has come to the hands of the payee) the
drawer thereof, shall respectively be entitled to the same rights, and be placed in the same
position in all respects, as they would respectively be entitled to and placed in if the amount of
the cheque had been paid to and received by the true owner thereof.
129. Payment of crossed cheque out of due course
Any banker paying a cheque crossed generally otherwise than to a banker, or a cheque crossed
specially otherwise than to the banker to whom the same is crossed, or his agent for collection,
being a banker, shall be liable to the true owner of the cheque for any loss he may sustain owing
to the cheque having been so paid.
130. Cheque bearing "not negotiable"
A person taking a cheque crossed generally or specially, bearing in either case the words "not
negotiable", shall not have and shall not be capable of giving, a better title to the cheque than that
which the person from whom he took it had.
131. Non-liability of banker receiving payment of cheque
A banker who has in good faith and without negligence received payment for a customer of a
cheque crossed generally or specially to himself shall not, in case the title to the cheque proves
defective, incur any liability to the true owner of the cheque by reason only of having received
such payment.
33[Explanation: A banker receives payment of a crossed cheque for a customer within the
meaning of this section notwithstanding that he credits his customer's account with the amount of
the cheque before receiving payment thereof.]
34[131A. Application of chapter to drafts
The provisions of this chapter shall apply to any draft, as defined in section 85A, as if the draft
were a cheque.
CHAPTER XV 132. Set of bills
Bills of exchange may be drawn in parts, each part being numbered and containing a provision
that it shall continue payable only so long as the others remain unpaid. All the parts together
make a set; but the whole set constitutes only one bill, and is extinguished when one of the parts
of a separates bill, would be extinguished.
Exception: When a person accepts or endorses different parts of the bill in favour of different
person, he and the subsequent endorsers of each part are liable on such part as if it were a
separate bill.
133. Holder of first acquired part entitled to all
As between holders in due course of different parts of the same set, he who first acquired title to
his part is entitled to the other parts and the money represented by the bill.
CHAPTER XVI
OF INTERNATIONAL LAW
134. Law governing liability of maker, acceptor or endorser of foreign instrument
In the absence of a contract to the contrary, the liability of the maker or drawer of a foreign
promissory note, bill of exchange or cheque is regulated in all essential matters by the law of the
place where he made the instrument, and the respective liabilities of the acceptor and endorser by
the law of the place where the instrument is made payable.
Illustration
44
A bill of exchange was drawn by A in California where the rate of interest is 25 per cent, and
accepted by B, payable in Washington where the rate of interest is 6 per cent. The bill is
Page

endorsed in 35[India], and is dishonoured. An action on the bill is brought against B in 14[India].
He is liable to pay interest at the rate of 6 per cent, only; but if A is charged as drawer, A is liable
to pay interest at the rate of 25 per cent.
135. Law of place of payment governs dishonour
Where a promissory note, bill of exchange or cheque is made payable in a different place from
that in which it is made or endorsed, the law of the place, where it is made payable determines
what constitutes dishonour and what notice of dishonour is sufficient.
Illustration
A bill of exchange drawn and endorsed in 14[India], but accepted payable in France, is
dishonoured. The endorsee causes it to be protested for such dishonour, and gives notice thereof
in accordance with the law of France, though not in accordance with the rules herein contained in
respect of bills which are not foreign. The notice is sufficient.
136. Instrument made, etc. out of India, but in accordance with the law of India
If a negotiable instrument is made, drawn, accepted or endorsed 35[outside India], but in
accordance with the 35[law of India], the circumstance that any agreement evidenced by such
instrument is invalid according to the law of the country wherein it was entered into does not
invalidate any subsequent acceptance or endorsement made thereon 35[within India].
137. Presumption as to foreign law
The law of any foreign country 36[***] regarding promissory note, bills of exchange and
cheques shall be presumed to be the same as that of 37[India], unless and until the contrary is
proved.
38[CHAPTER XVII]
OF PENALTIES IN CASE OF DISHONOUR OF CERTAIN CHEQUES FOR
INSUFFICIENCY OF FUNDS IN THE ACCOUNTS
138. Dishonour of cheque for insufficiency, etc., of funds in the accounts
Where any cheque drawn by a person on an account maintained by him with a banker for
payment of any amount of money to another person from out of that account for the discharge, in
whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of
the amount of money standing to the credit of that account is insufficient to honour the cheque or
that it exceeds the amount arranged to be paid from that account by an agreement made with that
bank, such person shall be deemed to have committed an offence and shall without prejudice to
any other provisions of this Act, be punished with imprisonment for a term which may extend to
one year, or with fine which may extend to twice the amount of the cheque, or with both:
PROVIDED that nothing contained in this section shall apply unless-
(a) the cheque has been presented to the bank within a period of six months from the date on
which it is drawn or within the period of its validity, whichever is earlier.
(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for
the payment of the said amount of money by giving a notice, in writing, to the drawer of the
cheque, within fifteen days of the receipt of information by him from the bank regarding the
return of the cheque as unpaid, and
(c) the drawer of such cheque fails to make the payment of the said amount of money to the
payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the
receipt of the said notice.
Explanation: For the purpose of this section, "debt or other liability" means a legally enforceable
45
debt or other liability.

139. Presumption in favour of holder
Page

It shall be presumed, unless the contrary is proved, that the holder of a cheque received the
cheque of the nature referred to in section 138 for the discharge, in whole or in part, or any debt
or other liability.
140. Defence which may not be allowed in any prosecution under section 138
It shall not be a defence in a prosecution of an offence under section 138 that the drawer had no
reason to believe when he issued the cheque that the cheque may be dishonoured on presentment
for the reasons stated in that section.
141. Offences by companies
(1) If the person committing an offence under section 138 is a company, every person who, at the
time the offence was committed, was in charge of, and was responsible to the company for the
conduct of the business of the company, as well as the company, shall be deemed to be guilty of
the offence and shall be liable to be proceeded against and punished accordingly:
PROVIDED that nothing contained in this sub-section shall render any person liable to
punishment if he proves that the offence was committed without his knowledge, or that he had
exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act, has
been committed by a company and it is proved that the offence has been committed with the
consent or connivance of, or is attributable to, any neglect on the part of, any director, manager,
secretary or other officer of the company, such director, manager, secretary or other officer shall
also be deemed to be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation: For the purpose of this section
(a) "company" means any body corporate and includes a firm or other association of individuals;
and
(b) "director", in relating to a firm, means a partner in the firm.
142. Cognisance of offences
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-
(a) no court shall take cognisance of any offence punishable under section 138 except upon a
complaint, in writing, made by the payee or, as the case may be, the holder in due course of the
cheque;
(b) such complaint is made within one month of the date on which the cause -of- action arises
under clause (c) of the proviso to section 138;
(c) no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class
shall try any offence punishable under section 138.
THE END
46
Page

Negotiable Instruments ACT: M. S. RAMA RAO B.SC., M.A., M.L

Uploaded by

Copyright:

Available Formats

Negotiable Instruments ACT: M. S. RAMA RAO B.SC., M.A., M.L

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Negotiable Instruments ACT: M. S. RAMA RAO B.SC., M.A., M.L

Uploaded by

Copyright:

Available Formats

NEGOTIABLE

M. S. RAMA RAO B.Sc., M.A., M.L.

1. Definitions : Promissory Note, Bill of Exchange,

(i) Accommodation Bill (ii) Bills in Sets (iii) Drawee in case of

12. Negotiable Instrument 85

msrlawbooks N/I Act PTO

Eg. : 1) 'I owe you Rs.1,000/-'. this is not a Pro-note

msrlawbooks N/I Act PTO

vii) The payee must be certain :

the payment. If it is uncertain or doubtful, it is not a P/N. "I promise

Ch. 20-2. Bill of exchange :

Hi) Unconditional order:

It is essentia! that the order to pay should not be subject to any

Eg., "90 days after sight" But, the following

iv) the drawee and the payee must be certain :

v) The sum must be certain :

Ch. 20-3. Pronote and bill of exchange distinguished : •

msrlawbooks N/I Act PTO

Ch. 20.5) Cheque and bill of exchange distinguished :

3. Presumption that the 3. There is no such presumption,

5. Notice of dishonour not 5, Notice of dishonour is absolutely

| Ch. 21.1. Holder:

He must have made a reasonable enquiry as to the title

of the transferor. Any defect in the title of the transferor will

Eg.: A obtains a B/E from B, by fraud under the contract Act.

msrlawbooks N/I Act PTO

10. Different branch of the bank.i.e drawn on another branch

In some cases such wrongful dishonour by bank is held as

msrlawbooks N/I Act PTO

Notice of transfer is not

and value) is subject to are cured in his favour.

the equities and defenses

between the assignor and

the original debtor, i.e.,

msrlawbooks N/I Act PTO

5. In respect of endorsements, the presumption is that the en

msrlawbooks N/I Act PTO

Ordinarily a bill of exchange requires the presence of 3 parties

Ch. 25-2. Acceptor for honour : Sn. 6 (2) :

Ch. 25-3. Days of grace :

of grace. Accordingly, every such instrument becomes matured

a) A bill is payable 3 months after date (26.3.2012). Bill is

Ch. 25-4. Noting and protest by 'Notary public':

Notice of protest : Notice of protest must be given by the

Pay to order of X : Pay to Mr. X

4. Restrictive endorsement : This restricts the transfer

endorsement.Eg. Pay to A only Pay to A for the a/c of B.

msrlawbooks N/I Act PTO

msrlawbooks N/I Act PTO

Eg : Bill drawn in India on a merchant in London, payable in India. This is a

Bill drawn Payee Payable

Ch. 26-6. Escrow :

Ch. 26-7. Inchoate instrument:

Legal recognition is given to this practice of merchants who lend credit on

Ch. 27-12. Negotiable instrument: N/I (Sn. 13):

Ch. 28-13. Notice of dishonour :

msrlawbooks N/I Act PTO

iv) Notice unnecessary in the following :