Chapter Parties To Notes, Bills And Cheques

III
26 Capacity to make, etc., promissory notes, etc.
[Act No. 26 of Year 1881, dated 9-12-1881] 27 Agency
28 Liability of agent signing
Contents 29 Liability of legal representative signing
Sections Particulars 30 Liability of drawer
Chapter I Preliminary 31 Liability of drawee of cheque
1 Short title 32 Liability of maker of note and acceptor of bill
2 Repeal of enactments 33 Only drawee can be acceptor except in need or for honor
3 Interpretation clause 34 Acceptance by several drawees not partners
Chapter II Notes, Bills And Cheques 35 Liability of endorser
4 "Promissory note 36 Liability of prior parties to holder in due course
5 "Bill of exchange" 37 Maker, drawer and acceptor principals
6 "Cheque" 38 Prior party a principal in respect of each subsequent
7 "Drawer", "drawee" party
8 Holder 39 Suretyship
9 "Holder in due course" 40 Discharge of endorser's liability
10 "Payment in due course" 41 Acceptor bound, although endorsement forged
11 "Inland instrument" 42 Acceptance of bill drawn in fictitious name
12 "Foreign instrument" 43 Negotiable instrument made, etc. without consideration
13 "Negotiable instrument" 44 Partial absence or failure of money-consideration
14 Negotiation 45 Partial failure of consideration not consisting of money
15 Endorsement 45A Holder's right to duplicate of lost bill
16 Endorsement "in blank" and "in full"-"endorsee" Chapter Negotiation
17 Ambiguous instruments IV
18 Where amount is stated differently in figures and words 46 Delivery
19 Instruments payable on demand 47 Negotiation by delivery
20 Inchoate stamped instruments 48 Negotiation by endorsement
21 At sight, On presentment, After sight 49 Conversion of endorsement in blank into endorsement in
22 "Maturity" full
23 Calculating maturity of bill or note payable so many 50 Effect of endorsement
months after date or sight 51 Who may negotiate
24 Calculating maturity of bill or note payable so many days 52 Endorser who excludes his own liability or makes it
after date or sight conditional
25 When day of maturity is a holiday 53 Holder deriving title from holder in due course
54 Instrument endorsed in blank 78 To whom payment should be made
55 Conversion of endorsement in blank into endorsement in 79 Interest when rate specified
full 80 Interest when no rate specified
56 Endorsement for part of sum due 81 Delivery of instrument on payment or indemnity in case
57 Legal representative cannot by delivery only negotiate of loss
instrument endorsed by deceased Chapter Discharge From Liability On Notes, Bills And
58 Instrument obtained by unlawful means or for unlawful VII Cheques
consideration 82 Discharge from liability
59 Instrument acquired after dishonor or when overdue 83 Discharge by allowing drawee more than forty-eight
60 Instrument negotiable till payment or satisfaction hours to accept
Chapter V Presentment 84 When cheque not duly presented and drawer damaged
61 Presentment for acceptance thereby
62 Presentment of promissory note for sight 85 Cheque payable to order
63 Drawee's time for deliberation 85A Drafts drawn by one branch of a bank on another
64 Presentment for payment payable to order
65 Hours for presentment 86 Parties not consenting discharged by qualified or limited
66 Presentment for payment of instrument payable after acceptance
date or sight 87 Affect of material alteration
67 Presentment for payment of promissory note payable by 88 Acceptor or endorser bound notwithstanding previous
installments alteration
68 Presentment for payment of instrument payable at 89 Payment of instrument on which alteration is not
specified place and not elsewhere apparent
69 Instrument payable at specified place 90 Extinguishment of rights of action on bill in acceptor's
70 Presentment where no exclusive place specified hands
71 Presentment when maker, etc., has no known place of Chapter Notice Of Dishonour
business or residence VIII
72 Presentment of cheque to charge drawer 91 Dishonor by non-acceptance
73 Presentment of cheque to charge any other person 92 Dishonor by non-payment
74 Presentment of instrument payable at demand 93 By and to whom notice should be given
75 Presentment by or to agent, representative of deceased, 94 Mode in which notice may be given
or assignee of insolvent 95 Party receiving must transmit notice of dishonor
76 When presentment unnecessary 96 Agent for presentment
77 Liability of banker for negligently dealing with bill 97 When party to whom notice given is dead
presented for payment 98 When, notice of dishonor is unnecessary
Chapter Payment And Interest Chapter Noting And Protest
VI IX
99 Noting Chapter Crossed Cheques
100 Protest XIV
101 Contents of protest 123 Cheque crossed generally
102 Notice of protest 124 Cheque crossed specially
103 Protest for non-payment after dishonor by non- 125 Crossing after issue
acceptance 126 Payment of cheque crossed generally
104 Protest of foreign bills 127 Payment of cheque crossed specially more than once
104A When noting equivalent to protest 128 Payment in due course of crossed cheque
Chapter X Reasonable Time 129 Payment of crossed cheque out of due course
105 Reasonable time 130 Cheque bearing not negotiable
106 Reasonable time of giving notice of dishonor 131 Non-liability of banker receiving payment of cheque
107 Reasonable time for transmitting such notice 131A Application of chapter to drafts
Chapter Acceptance And Payment For Honour And Reference Chapter Bills In Sets
XI In Case Of Need XV
108 Acceptance for honor 132 Set of bills
109 How acceptance for honor must be made 133 Holder of first acquired part entitled to all
110 Acceptance not specifying for whose honor it is made Chapter International Law
111 Liability of acceptor for honor XVI
112 When acceptor for honor may be charged 134 Law governing liability of maker, acceptor or endorser of
113 Payment for honor foreign instrument
114 Right of payer for honor 135 Law of place of payment governs dishonor
115 Drawee in case of need 136 Instrument made, etc. out of India, but in accordance
116 Acceptance and payment without protest with the law of India
Chapter Compensation 137 Presumption as to foreign law
XII Chapter Penalties In Case Of Dishonour Of Certain Cheques
117 Rules as to compensation XVII For Insufficiency Of Funds In The Accounts
Chapter Special Rules Of Evidence 138 Dishonor of cheque for insufficiency, etc., of funds in the
XIII accounts
118 Presumptions as to negotiable instruments Until the Supreme Court 3762
contrary is proved, the following presumption shall be 139 Presumption in favor of holder
made 140 Defense which may not be allowed in any prosecution
119 Presumption on proof of protest under section 138
120 Estoppel against denying original validity of instrument 141 Offences by companies
121 Estoppel against denying capacity of payee to endorse 142 Cognizance of offences
122 Estoppel against denying signature or capacity of prior Schedule Enactment [Repealed]
party