NIA 117 — Rules as to compensation

Negotiable Instruments Act, 1881

Statutory text

The  compensation payable in case of dishonour of a  promissory
note,  bill  of  exchange  or  cheque,  by  any  party  liable  to  the  holder  or  any  indorsee,  shall

***  be determined by the following rules:—
(a)  the  holder  is  entitled  to  the  amount  due  upon  the  instrument  together  with  the  expenses
properly incurred in presenting, noting and protesting it;

1. The second sentence rep. by Act 2 of 1885, s. 7.

(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 indorser who, being liable, has paid the amount due on the same is entitled to the amount
so  paid  with  interest  at

[eighteen  per  centum]  per  annum  from  the  date  of  payment  until  tender  or
realization thereof, together with all expenses caused by the dishonour and payment;
(d) when the person charged and such indorser reside at different places, the indorser 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.

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