Law - Negotiable Instruments Act, 1881
 
Dishonour of Cheques Judgements CD on Negotiable Instruments Act, Section 138 - Cheque Bouncing, Cheque Dishonour - Decisions of Supreme Court of India and All High Courts - Fully Updated Click here for details

44. Partial absence or failure of money-consideration.-When the consideration for which a person signed a promissory note, bill of exchange or cheque consisted of money, and was originally absence in part relation with such signer id entitled to receive from him is proportionally reduced.

Explanation.-The drawer of a bill of exchange stands in immediate relating with the acceptor. The maker of a promissory note, bill of exchange or cheque stands in immediate relation with the payee, and the endorser with his endorsee. 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.

 

Negotiable Instruments Act Index | Laws India


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