NIA 76 — When presentment unnecessary

Negotiable Instruments Act, 1881

Statutory text

No presentment for payment is necessary, and the instrument is dishonoured at the due date for presentment, in any of the following cases:—
(a)  if  the  maker,  drawee  or  acceptor  intentionally  prevents  the  presentment of  the  instrument,
or,
if the  instrument  being  payable  at  his  place  of  business,  he  closes  such  place  on  a  business  day
during the usual business hours, or,
if  the  instrument  being  payable  at  some  other  specified  place,  neither  he  nor  any  person
authorized to pay it attends at such place during the usual business hours, or,
if  the  instrument  not  being  payable  at  any  specified  place,  he  cannot  after  due  search  be
found;
(b) as against any party sought to be charged therewith, if he has engaged to pay notwithstanding non-presentment;
(c)  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 for payment;
(d)  as  against  the  drawer,  if  the  drawer  could  not  suffer  damage  from  the  want  of  such presentment.

Back to NIA