Daily Email Newsletter (Sign-up Free)

Section 76 Negotiable Instruments Act 1881: When presentment unnecessary

Section 76 (When presentment unnecessary) under Chapter V (Of Presentment) of the Negotiable Instruments Act, 1881 —

❝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.❞



..............................................................

Notes:

(1) List of Amending Acts and Adaptation Orders

The Negotiable Instruments Act, 1881 (Act No. 26 of 1881) was amended by:

01. Negotiable Instruments Act, 1885 (Act No. 02 of 1885);
02. Amending Act, 1891 (Act No. 12 of 1891);
03. Negotiable Instruments (Amendment) Act, 1897 (Act No. 06 of 1897);
04. Decentralization Act, 1914 (Act No. 04 of 1914);
05. Negotiable Instruments (Amendment) Act, 1914 (Act No. 05 of 1914);
06. Negotiable Instruments (Amendment) Act, 1919 (Act No. 08 of 1919);
07. Negotiable Instruments (Amendment) Act, 1920 (Act No. 25 of 1920);
08. Negotiable Instruments (Amendment) Act, 1921 (Act No. 12 of 1921);
09. Negotiable Instruments (Amendment) Act, 1922 (Act No. 18 of 1922);
10. Negotiable Instruments (Amendment) Act, 1926 (Act No. 30 of 1926);
11. Negotiable Instruments (Amendment) Act, 1930 (Act No. 25 of 1930);
12. Negotiable Instruments (Amendment) Act, 1934 (Act No. 17 of 1934);
13. Government of India (Adaptation of Indian Laws) Order, 1937;
14. Negotiable Instruments (Amendment) Act, 1947 (Act No. 33 of 1947);
15. Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948;
16. Adaptation of Laws Order, 1950;
17. Part B States (Laws) Act, 1951 (Act No. 03 of 1951);
18. Negotiable Instruments (Amendment) Act, 1952 (Act No. 53 of 1952);
19. Negotiable Instruments (Amendment) Act, 1955 (Act No. 37 of 1955);
20. Jammu and Kashmir (Extension of Laws) Act, 1956 (Act No. 62 of 1956);
21. Repealing and Amending Act, 1957 (Act No. 36 of 1957);
22. Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 (Act No. 66 of 1988);
23. The Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 (Act No. 55 of 2002);
24. The Negotiable instruments (Amendment) Act, 2015 (Act No. 26 of 2015);
25. The Negotiable Instruments (Amendment) Act, 2018 (Act No. 20 of 2018).

No comments:

Post a Comment

In comment with "Name/Url" option, only Name is mandatory to be filled.