NIA 43 — Negotiable instrument made, etc., without consideration

Negotiable Instruments Act, 1881

Statutory text

,  without  consideration.—A negotiable  instrument  made,
drawn, accepted, indorsed 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  indorsement to a  holder for 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  indorsed  can,  if  he  have  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, indorse
or  transfer  the  same  to  him for  a  consideration  which  he  has  failed  to  pay  or  perform  in  full  shall  recover thereon an amount exceeding the value of the consideration (if any) which he has actually paid or performed.

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