NIA 44 — Partial absence or failure of money-consideration

Negotiable Instruments Act, 1881

Statutory text

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 indorser with his indorsee. 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.

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