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Report No. 11

75. When presentment unnecessary.-

No presentment is necessary, and the instrument shall be deemed to be dishonoured at the due date for presentment, in any of the following cases:-

[Section 76]

(i) if the maker, acceptor or drawee intentionally prevents the presentment of the instrument; or

[Clause (a), para. 1]

(b) if, the instrument being payable at his place of business, he closes such place of business on a business day during the usual business hours; or

[Clause (a), para. 2]

(c) if, the instrument being payable at some other specified place, neither he nor any person authorised to pay it attends at such place on a business day during the usual business hours; or

(Clause (a), para. 3]

(d) if, the instrument not being payable at any specified place, he cannot after due search be found; or

[Clause (a), para. 41

(e) as against any part sought to be charged therewith, if he has engaged in writing to pay without presentment; or

[Clause (b)]

(f) 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; or

[Clause (c)]

(g) as against the drawer, if the drawer could not suffer damage from the want of such presentment; or

[Clause (d)]

(h) where the drawee is a fictitious person;1 or

(i) as regards an indorser, where the instrument was made, drawn or accepted for the accommodation of that indorser and he has no reason to expect that the instrument would be paid if presented;2 or

(j) where, after the exercise of reasonable diligence, presentment as required by this Act cannot be effected;3 or

(k) where a bill has been dishonoured for non-acceptance.

Explanation.-The fact that the holder has reason to believe that the instrument will, on presentment, be dishonoured does not dispense with the necessity for presentment.4

1. See section 46(2)(b), BEA.

2. See section 46(2)(d), BEA.

3. See section 46(2)(a), para. 2, BEA.

4. See section 46(2), para. 2, BEA.



Negotiable Instruments Act, 1881 Back




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