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CONTENTS
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Sections
|
Particulars
|
s |
Introduction |
s |
Preamble |
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| Chapter
I
|
PRELIMINARY |
| 1
|
Short title |
| 2
|
Repeal of enactments |
|
3
|
Interpretation clause |
|
|
| Chapter
II
|
OF
NOTES, BILLS AND CHEQUES |
| 4
|
Promissory note |
| 5
|
Bill of exchange |
| 6
|
Cheque |
| 7
|
Drawer, Drawer |
| 8
|
Holder |
| 9
|
Holder in due course |
| 10
|
Payment in due course |
| 11
|
Inland instrument |
| 12
|
Foreign instrument |
| 13
|
Negotiable instrument |
| 14
|
Negotiation |
| 15
|
Endorsement |
| 16
|
Endorsement in blank and in full-Endorsee |
| 17
|
Ambiguous instruments |
| 18
|
Where amount is stated differently in figures
and words |
| 19
|
Instruments payable on demand |
| 20
|
Inchoate stamped instruments |
| 21
|
At sight, On presentment, After sight |
| 22
|
Maturity |
| 23
|
Calculating maturity of bill or note payable
so many months after date or sight |
| 24
|
Calculating maturity of bill or note payable so
many days after date or sight |
| 25
|
When day of maturity is a holiday |
|
|
|
Chapter
III
|
PARTIES
TO NOTES, BILLS AND CHEQUES |
| 26
|
Capacity to make, etc., promissory notes, etc. |
| 27
|
Agency |
| 28
|
Liability of agent signing |
| 29
|
Liability of legal representative signing |
| 30
|
Liability of drawer |
| 31
|
Liability of drawer of cheque |
| 32
|
Liability of maker of note and acceptor of bill |
| 33
|
Only drawer can be acceptor except in need or
for honor |
| 34
|
Acceptance by several drawers not partners |
| 35
|
Liability of endorser |
| 36
|
Liability of prior parties to holder in due course |
| 37
|
Maker, drawer and acceptor principals |
| 38
|
Prior party a principal in respect of each subsequent
party |
| 39
|
Surety ship |
| 40
|
Discharge of endorser's liability |
| 41
|
Acceptor bound, although endorsement forged |
| 42
|
Acceptance of bill drawn in fictitious name |
| 43
|
Negotiable instrument made, etc., without consideration |
| 44
|
Partial absence or failure of money-consideration
|
| 45
|
Partial failure of consideration not consisting
of money |
|
45A
|
Holder's right to duplicate of lost bill |
|
|
|
Chapter
IV
|
OF
NEGOTIATION |
| 46
|
Delivery |
| 47
|
Negotiation by delivery |
| 48
|
Negotiation by endorsements |
| 49
|
Conversion of endorsement in blank into
endorsement in full |
| 50
|
Effect of endorsement |
| 51
|
Who may negotiate |
| 52
|
Endorser
who excludes his own liability or make it conditional
|
| 53
|
Holder
deriving title from holder in due course
|
| 54
|
Instrument endorsed in blank |
| 55
|
Conversion of endorsement in blank into endorsement
in full |
| 56
|
Endorsement for part of sum due |
| 57
|
Legal representative cannot by delivery only negotiate
instrument |
| 58
|
Instrument obtained by unlawful means or
for unlawful consideration |
| 59
|
Instrument acquired after dishonor or when
overdue Accommodation note or bill |
| 60
|
Instrument negotiable till payment or satisfaction |
|
|
|
Chapter
V
|
OF
PRESENTMENT |
|
61
|
Presentment
for acceptance |
|
62
|
Presentment
of promissory note for sight |
|
63
|
Drawer's
time for deliberation |
|
64
|
Presentment
for payment |
|
65
|
Honors
for presentment |
|
66
|
Presentment
for payment of instrument payable after date or sight |
|
67
|
Presentment
for payment of promissory note payable by instalments |
|
68
|
Presentment
for payment of instrument payable at specified place and not elsewhere
|
|
69
|
Instrument
payable at specified place |
|
70
|
Presentment
where no exclusive place specified
|
|
71
|
Presentment
when maker, etc, has no known place of business or residence |
|
72
|
Presentment
of cheque to charge drawer |
|
73
|
Presentment
of cheque to charge any other person |
|
74
|
Presentment
of instrument payable on demand |
|
75
|
Presentment
by or to agent, representative of deceased, or assignee of insolvent |
|
75A
|
Excuse
for delay in presentment for acceptance or payment |
|
76
|
When
presentment unnecessary |
|
77
|
Liability
of banker for negligently dealing with bill presented for payment |
|
|
|
Chapter
VI
|
OF
PAYMENT AND INTEREST |
|
78
|
To
whom payment should be made |
|
79
|
Interest
when rate specified |
|
80
|
Interest
when no rate specified |
|
81
|
Delivery
of instrument on payment or indemnity in case of loss |
|
|
|
Chapter
VII
|
OF
DISCHARGE FROM LIABILITY ON NOTES, BILLS AND CHEQUES |
|
82
|
Discharge
from liability |
|
83
|
Discharge
by allowing drawer more than forty-eight hours to accept |
|
84
|
When
cheque not duly presented and drawer damaged thereby |
|
85
|
Cheque
payable to order |
|
85A
|
Drafts
drawn by one branch of a bank on another payable to order |
|
86
|
Parties
not consenting discharge by qualified or limited acceptance |
|
87
|
Effect
of material alteration |
|
88
|
Acceptor
or endorser bound not withstanding previous alteration |
|
89
|
Payment
of instrument on which alteration is not apparent |
|
90
|
Extinguishments
of rights of action on bill in acceptor's hand |
|
|
Chapter
VIII |
Of
NOTICE OF DISHONOR |
|
91
|
Dishonor
by non-acceptance |
|
92
|
Dishonor
by non-payment |
|
93
|
By
and to whom notice should be give |
|
94
|
Mode
in which notice may be give |
|
95
|
Party
receiving must transmit notice of dishonor |
|
96
|
Agent
for presentment |
|
97
|
When
party to whom notice given is dead |
|
98
|
When
notice of dishonor is unnecessary |
|
|
|
Chapter
IX
|
NO
NOTING AND PROTEST |
|
99
|
Noting |
|
100
|
Protest
|
|
101
|
Contents
of protest |
|
102
|
Notice
of protest |
|
103
|
Protest
for non-payment after dishonor by non-acceptance |
|
104
|
Protest
of foreign bills |
|
104A
|
When
noting equivalent to protest |
|
|
|
Chapter
X
|
OF
REASONABLE TIME |
|
105
|
Reasonable
time |
|
106
|
Reasonable
time of giving notice of dishonor |
|
107
|
Reasonable
time for transmitting such notice |
|
|
|
Chapter
XI
|
OF
ACCEPTANCE AND PAYMENT FOR HONOR AND REFERENCE IN CASE OF NEED |
|
108
|
Acceptance
for honor |
|
109
|
How
acceptance for honor must be made |
|
110
|
Acceptance
not specifying for whose honor it is made |
|
111
|
Liability
of acceptor for honor |
|
112
|
When
acceptor for honor may be charged |
|
113
|
Payment
for honor |
|
114
|
Right
of payer for honor |
|
115
|
Drawee
in case of need |
|
116
|
Acceptance
and payment without protest |
|
|
|
Chapter XII
|
OF COMPENSATION |
| 117
|
Rules as to compensation |
|
|
| Chapter
XIII
|
SPECIAL RULES
OF EVIDENCE |
| 118
|
Presumption as to negotiable
instruments of consideration |
| 119
|
Presumption on proof of protes |
| 120
|
Estoppels against denying
original validity of instrument |
| 121
|
Estoppels against denying
capacity of payee of indorse |
| 122
|
Estoppels
against denying signature or capacity of prior party |
|
|
| Chapter
XIV
|
OF CROSSED CHEQUES |
| 123
|
Cheque crossed generally
|
| 124
|
Cheque crossed specially |
| 125
|
Crossing after issue |
| 126
|
Payment of cheque crossed
generally/specially |
| 127
|
Payment of cheque crossed
specially more than once |
| 128
|
Payment in due course
of crossed cheque |
| 129
|
Payment of crossed cheque
out of due coruse |
| 130
|
Cheque-bearing not negotiable |
| 131
|
Non-liability of banker receiving
payment of cheque |
| 131A
|
Application of Chapter to
drafts |
|
|
| Chapter
XV
|
OF BILLS IN SETS |
| 132
|
Set bills. |
| 133
|
Holder of first acquired part
entitled to all |
|
|
| Chapter
XVI
|
OF INTERNATIONAL LAW |
| 134
|
Law governing liability
of maker, acceptor or endorser of foreign instrument |
| 135
|
Law of place of payment
governs dishonor |
| 136
|
Instrument made, etc., out
of India, but in accordance with the law of India |
| 137
|
Presumption as to foreign
law |
|
|
| Chapter
XVII
|
OF PENALTIES IN
CASE OF DISHONOR OF CERTAIN CHEQUE FOR INSUFFICIENCY OF FUNDS IN THE
ACCOUNTS |
| 138
|
Dishonor of cheque for insufficiency,
etc, of funds in the account |
| 139
|
Presumption in favour of holder |
| 140
|
Defense which may not be allowed
in any prosecution under section 138 |
| 141
|
Offences by companies |
| 142
|
Cognizance of offences |
143 |
Power of Court to try cases summarily |
144 |
Mode of service of summons. |
145 |
Evidence on affidavit. |
146 |
Bank's slip prima facie evidence of certain facts. |
147
|
Offences to be compoundable. |
SCHEDULE
|
Repealed |
