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The Negotiable Instruments Act, 1881

( ACT NO. XXVI OF 1881 )

Chapter V

OF PRESENTMENT

Presentment for acceptance
61. 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 the 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 there, the bill is dishonoured.
 
 
 
 
Where authorised by agreement or usage, a presentment through the post office by means of a registered letter is sufficient.
Presentment of promissory note for sight
62. 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.
Drawee’s time for deliberation
63. The holder must, if so required by the drawee of a bill of exchange presented to him for acceptance, allow the drawee forty-eight hours (exclusive of public holidays) to consider whether he will accept it.
Presentment for payment
64. Subject to the provisions of section 76, promissory notes, bills 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.
 
 
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 nor is presentment necessary to charge the acceptor of a bill of exchange.
 
 
 
 
The provisions of this section are without prejudice to the provisions relating to presentment or acceptance in the case of a bill of exchange.
 
 
 
 
Explanation - Where there are several persons, not being partners liable on the negotiable instrument, as makers, acceptors or drawees, as the case may be, and no place of payment is specified, presentment must be made to them all.
Hours for presentment
65. Presentment for payment must be made during the usual hours of business, and, if at a banker's within banking hours.
Presentment for payment of instrument payable after date or sight
66. 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.
Presentment for payment of promissory note payable by instalments
67. 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 same effect as non-payment of a note at maturity.
Presentment for payment of instrument payable at specified place and not elsewhere
68. 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.
Instrument payable at specified place
69. 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 that place.
Presentment where no exclusive place specified
70. A promissory note or bill of exchange, not made payable as mentioned in sections 68 and 69, must be presented for payment at the address of the maker, acceptor or drawee given in the instrument, and if no such address is given at the place of business if known, or at the ordinary residence (if known), of the maker, drawee or acceptor thereof, as the case may be.
Presentment when maker, etc., has no known place of business or residence
71. If the maker, drawee or acceptor of a negotiable instrument has no known place of business or 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.
 
 
 
 
Explanation - In this section and sections 68 and 69, “specified place” means a place sufficiently described so as to enable the person presenting the instrument to locate it.
What constitutes valid presentment and mode of presentment
1[71A.(1) To constitute a valid presentment it shall be sufficient if instead of the original negotiable instrument a copy thereof certified to be true by the holder is delivered to the person liable thereon, either personally or by registered post or by other effective means.
 
 
 
 
(2) If, after such delivery, the person liable to pay so demands, the holder shall allow him to inspect the original negotiable instrument during the hours of business of the holder, and if the holder fails to do so within a reasonable time, the presentment shall be deemed to be invalid.]
Presentment of cheque to charge drawer
72. Subject to the provisions of section 84, a cheque must, in order to charge the drawer, be presented at the bank upon which it is drawn before the relation between the drawer and his banker has been altered to the prejudice of the drawer.
Presentment of cheque to charge any other person
73. A cheque must, in order to charge any person except the drawer, be presented within a reasonable time after delivery thereof by such person.
Presentment of instrument payable on demand
74. 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.
Presentment by or to agent, representative of deceased, or assignee of insolvent
75. 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.
Excuse for delay in presentment for acceptance or payment
2[75A. Delay in presentment 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 delay ceases to operate, presentment must be made within a reasonable time.]
When presentment unnecessary
76. No presentment for payment is necessary, and the instrument shall be deemed to be 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;
 
 
 
 
(b) as against any party sought to be charged therewith, if he has engaged to pay notwithstanding non-presentment;
 
 
 
 
(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 thereon in 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;
 
 
 
 
(e) where the drawee is a fictitious person;
 
 
 
 
(f) as regards an indorser, where the negotiable instrument was made, drawn or accepted for the accommodation of that indorser and he had reason to expect that the instrument would not be paid if presented; and
 
 
 
 
(g) where, after the exercise of reasonable diligence, presentment as required by this Act cannot be effected.
 
 
 
 
Explanation - The fact that holder has reason to believe that the negotiable instrument will, on presentment, be dishonoured does not dispense with the necessity for presentment.
Liability of banker for negligently dealing with bill presented for payment
77. When a bill of exchange accepted payable at a specified bank has been duly presented there for payment and dishonoured, 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.
 
 

  • 1
    Section 71A was inserted by section 36 of the Negotiable Instruments (Amendment) Ordinance, 1962 (Ordinance No. XLIX of 1962)
  • 2
    Section 75A was inserted by section 2 of the Negotiable Instruments (Amendment)Act, 1920 (Act No. XXV of 1920)
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