NIA 59 — Instrument acquired after dishonour or when overdue

Negotiable Instruments Act, 1881

Statutory text

The   holder   of   a   negotiable instrument, who has acquired it after dishonour, whether by non-acceptance or non-payment, with notice
thereof, or after maturity, has only, as against the other parties, the rights thereon of his transferor:
Accommodation  note  or  bill.—Provided  that any  person  who, in  good faith and  for  consideration,
becomes  the  holder,  after  maturity,  of  a  promissory  note  or  bill  of  exchange  made, drawn  or  accepted
without  consideration,  for  the  purpose  of  enabling  some  party  thereto  to  raise  money  thereon,  may recover the amount of the note or bill from any prior party.
Illustration
The acceptor of a bill of exchange, when he accepted it, deposited with the drawer certain goods as a collateral security for
the payment of the bill, with power to the drawer to sell the goods and apply the proceeds in discharge of the bill if it were not paid at maturity. The bill not having been paid at maturity, the drawer sold the goods and retained the proceeds, but indorsed the bill to A. A's title is subject to the same objection as the drawer's title.

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