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  "title": "Negotiable Instruments Act, 1881",
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  "text": "Page 1 of 44 \r\n \r\n  \r\n \r\n \r\n \r\n \r\n \r\nTHE NEGOTIABLE INSTRUMENTS ACT, 1881 \r\n \r\n \r\nCONTENTS \r\n___________ \r\nPREAMBLE \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title \r\n  Local extent \r\nSaving of usages relating to hundis, etc \r\nCommencement \r\n1A. Application of the Act \r\n2. [Repealed.] \r\n3.  Interpretation clause \r\nCHAPTER II \r\nOF NOTES, BILLS AND CHEQUES \r\n4.  “Promissory note” \r\n5.  “Bill of exchange” \r\n6.  “Cheque” \r\n7.  “Drawer” \r\n  “Drawee” \r\n  “Drawee in case of need” \r\n  “Acceptor” \r\n  “Acceptor for honour” \r\n  “Payee” \r\n8.  “Holder” \r\n9. “Holder in due course” \r\n10.  “Payment in due course” \r\n\r\n \r\nPage 2 of 44 \r\n \r\n11. Inland instrument \r\n12.  Foreign instrument \r\n13.  “Negotiable instrument” \r\n14.  Negotiation \r\n15.  Indorsement \r\n16.  Indorsement “in blank” and “in full” \r\n17.  Ambiguous instruments \r\n18.  Where amount is stated differently in figures and words \r\n19.  Instruments payable on demand \r\n20.  Inchoate stamped instrument \r\n21. “At sight”  \r\n“On presentment” \r\n“After sight” \r\n21A.  When note or bill payable on demand is overdue \r\n21B.  A note or bill payable at a determinable future time \r\n21C.  Anti-dating and post-dating \r\n22. “Maturity” \r\n  Days of grace \r\n23. Calculating maturity of bill or note payable so many months after date or sight \r\n24.  Calculating maturity of bill or note payable so many days after date or sight \r\n25.  When day of maturity is a holiday \r\nCHAPTER III \r\nPARTIES TO NOTES, BILL AND CHEQUES \r\n26.  Capacity to make, etc., promissory notes, etc \r\n  Minor \r\n27.  Agency \r\n27A.  Authority of partners \r\n28.  Liability of agent signing \r\n28A.  Transferor by delivery and transferee \r\n29. Liability of legal representative signing \r\n29A. Signature essential to liability \r\n29B.  Forged or un authorized signature \r\n29C.  Stranger signing instrument presumed to be indorser \r\n \r\nPage 3 of 44 \r\n \r\n30.  Liability of drawer \r\n31. Liability of drawee of cheque \r\n32.  Liability of maker of note and acceptor of bill \r\n33.  Only drawee can be acceptor except in need or for honour \r\n34.  Acceptance by several drawees not partners \r\n35.  Liability of indorser \r\n36.  Liability of prior parties to holder in due course \r\n37.  Maker, drawer and acceptor principals \r\n38.  Prior party a principal in respect on each subsequent party \r\n38A.  Liability of accommodation party and position of accommodation party \r\n39.  Suretyship \r\n40.  Discharge of indorser’s liability \r\n41.  Acceptor bound although indorsement forged \r\n42.  Acceptance of bill drawn in fictitious name \r\n43.  Negotiable instrument made, etc., without consideration \r\n44.  Partial absence or failure of money consideration \r\n45.  Partial failure of consideration not consisting of money \r\n45A. Holder’s right to duplicate of lost bill \r\nCHAPTER IV \r\nOF NEGOTIATION \r\n46.  Delivery \r\n47.  Negotiation by delivery \r\n48.  Negotiation by indorsement \r\n49.  Conversion of indorsement in blank into indorsement in full \r\n50. Effect of indorsement \r\n51. Who may negotiate \r\n52.  Indorser who excludes his own liability or makes it conditional \r\n53. Holder claiming through holder in due course \r\n53A. Rights of holder in due course \r\n54.  Instrument indorsed in blank \r\n55.  Conversion of indorsement in blank into indorsement in full \r\n56.  Requisites of indorsement \r\n57. Legal representative cannot by delivery only negotiate instrument indorsed by \r\ndeceased \r\n \r\nPage 4 of 44 \r\n \r\n57A. Negotiation of instrument to party already liable thereon \r\n57B. Rigts of holder \r\n58.  Defective title \r\n59.  Instrument acquired after dishonour or when overdue \r\n  Accommodation note or bill \r\n60.  Instrument negotiable till payment or satisfaction \r\nCHAPTER V \r\nOF PRESENTMENT \r\n61.  Presentment or acceptance \r\n62.  Presentment of promissory note for sight \r\n63.  Drawee’s time for deliberation \r\n64.  Presentment for payment \r\n65.  Hours for presentment \r\n66.  Presentment for payment of instrument payable after date or sight \r\n67.  Presentment for payment of promissory note payable by instalments \r\n68.  Presentment for payment of instrument payable at specified place and not elsewhere. \r\n69. Instrument payable at specified place \r\n70. Presentment where no exclusive place specified \r\n71. Presentment when maker, etc., has no known place of business or residence \r\n71A.  What constitutes valid presentment and mode of presentment \r\n72. Presentment of cheque to charge drawer \r\n73. Presentment of cheque to charge any other person \r\n74.  Presentment of instrument payable on demand \r\n75. Presentment by or to agent, representative of deceased, or assignee of insolvent \r\n75A.  Excuse for delay in presentment for acceptance or payment \r\n76.  When presentment unnecessary \r\n77.  Liability of banker for negligently dealing with bill presented for payment \r\nCHAPTER VI \r\nOF PAYMENT AND INTEREST \r\n78.  To whom payment should be made \r\n79. Interest or return in any other form when rate specified or not specified \r\n80.  Interest when no rate specified \r\n \r\nPage 5 of 44 \r\n \r\n81.  Delivery of instrument on payment, or indemnity in case of loss \r\nCHAPTER VII \r\nOF DISCHARGE FROM LIABLILITY ON NOTES, BILLS AND CHEQUES \r\n82.  Discharge from liability \r\n83.  Discharge by allowing drawee more than forty-eight hours to accept \r\n84.  When cheque not duly presented and drawer damaged thereby \r\n85.  Cheque payable to order \r\n85A.  Drafts drawn by one branch of a bank on another payable to order \r\n86.  Parties not consenting discharged by qualified or limited acceptance \r\n87.  Effect of material alteration \r\n  Alteration by indorsee \r\n88.  Acceptor or indorser bound notwithstanding previous alteration \r\n89.  Payment of instrument on which alteration is not apparent \r\n90.  Extinguishment of rights of action on bill in acceptor’s hands \r\nCHAPTER VIII \r\nOF NOTICE OF DISHONOUR \r\n91.  Dishonour by non-acceptance \r\n92.  Dishonour by non-payment \r\n93. By and to whom notice should be given \r\n94.  Mode in which notice may be given \r\n95.  Party receiving must transmit notice of dishonour \r\n96.  Agent for presentment \r\n97.  When party to whom notice given is dead \r\n98.  When notice of dishonour is unnecessary \r\nCHAPTER IX \r\nOF NOTING AND PROTEST \r\n99.  Noting \r\n100.  Protest \r\n  Protest for better security \r\n \r\nPage 6 of 44 \r\n \r\n101.  Contents of protest \r\n102.  Notice of protest \r\n103.  Protest for non-payment after dishonour by non-acceptance \r\n104.  Protest of foreign bills \r\n104A.  When noting equivalent to protest \r\nCHAPTER X \r\nOF REASONABLE TIME \r\n105.  Reasonable time \r\n106.  Reasonable time of giving notice of dishonour \r\n107.  Reasonable time for transmitting such notice \r\nCHAPTER XI \r\nOF ACCEPTANCE AND PAYMENT FOR HONOUR AND REFERENCE IN CASE OF \r\nNEED \r\n108.  Acceptance for honour \r\n109.  How acceptance for honour must be made \r\n110.  Acceptance not specifying for whose honour it is made \r\n111.  Liability of acceptor for honour \r\n112.  When acceptor for honour may be charged \r\n113.  Payment for honour \r\n114.  Right of payer for honour \r\n115.  Drawee in case of need \r\n116.  Acceptance and payment without protest \r\nCHAPTER XII \r\nOF COMPENSATION \r\n117.  Rules as to compensation \r\nCHAPTER XIII \r\nSPECIAL RULES OF EVIDENCE \r\n118.  Presumptions as to negotiable instruments \r\n119.  Presumption on proof of protest \r\n120.  Estoppel against denying original validity of instrument \r\n \r\nPage 7 of 44 \r\n \r\n121.  Estoppel against denying capacity of payee to indorse \r\n122.  Estoppel against denying signature or capacity of prior party \r\nCHAPTER XIV \r\nSPECIAL PROVISIONS REALATING TO CHEQUES \r\n122A.  Revocation of Banker’s authority \r\n123.  Cheque crossed generally \r\n123A.  Cheque crossed “account payee” \r\n124.  Cheque crossed specially \r\n125.  Crossing after issue \r\n125A.  Crossing a material part of a cheque \r\n126.  Payment of cheque crossed generally \r\n  Payment of cheque crossed specially \r\n127.  Payment of cheque crossed specially more than once \r\n128.  Payment in due course of crossed cheque \r\n129.  Payment of crossed cheque out of due course \r\n130.  Cheque bearing “not negotiable” \r\n131.  Non-liability of banker receiving payment of cheque \r\n131A.  Application of chapter to drafts \r\n131B.  Protection to banker crediting cheque crossed “account payee” \r\n131C.  Cheque not operating as assignment of funds \r\nCHAPTER XV \r\nSPECIAL PROVISIONS RELATING TO BILLS OF EXCHANGE \r\n131D.  Several drawees \r\n131E.  In whose favour a bill may be drawn \r\n131F.  When presentment for acceptance is necessary \r\nl31G.  When presentment excused \r\n131H.  Holder’s right of recourse against drawer and indorsers \r\n131I. Holder may refuse qualified acceptance \r\n132.  Set of bills \r\n133.  Holder of first acquired part entitled to all \r\n \r\nPage 8 of 44 \r\n \r\nCHAPTER XVI \r\nOF INTERNATIONAL LAW \r\n134.  Law governing liability of parties to a foreign instrument \r\n135.  [Omitted.] \r\n136.  Instrument made, etc., outside Pakistan, but in accordance with their law \r\n137.  Presumption as to foreign law \r\nCHAPTER XVII \r\nNOTARIES PUBLIC \r\n138.  Power to appoint notaries public \r\n139.  Power to make rules for notaries public \r\n \r\nSCHEDULE .—[Repealed.] \r\n \r\nPage 9 of 44 \r\n \r\nTHE NEGOTIABLE INSTRUMENTS ACT, 1881 \r\n1ACT NO XXVI OF 1881 \r\n[9th December, 1881] \r\nAn Act to define and amend the law relating to Promissory Notes, Bills of Exchange and Cheques  \r\nPreamble. \r\nWHEREAS it is expedient to define and amend the law relating to promissory notes, bills of \r\nexchange and cheques; It is hereby enacted as follows: ___ \r\nCHAPTER I \r\nPRELIMINARY \r\n \r\n1. Short title. This Act may be called the Negotiable Instruments Act, 1881. \r\n \r\nLocal extent. Saving of usages relating to hundis, etc. Commencement. 2[It extends to the \r\nwhole of Pakistan]; but nothing herein contained affects 3[the provisions of sections 24 and 35 of the \r\nState Bank of Pakistan Act, 1956 (XXXIII of 1956)]; and it shall come into force on the first day of \r\nMarch, 1882. \r\n \r\n4[1A. Application of the Act. Every negotiable instrument shall be governed by the \r\nprovisions of this Act, and no usage or custom at variance with any such provision shall apply to any \r\nsuch instrument.] \r\n \r\n2. [Repeal of enactments.] Rep. by the Amending Act, 1891 (XII of 1891). \r\n5[3. Interpretation-clause.— In this Act, unless there is anything repugnant in the subject or \r\ncontext,― \r\n(a) “accommodation party” means a person who has signed a negotiable \r\ninstrument as a maker, drawer, acceptor or indorser without receiving the \r\nvalue thereof and for the purpose of lending his name to some other person; \r\n \r\n1For Statement of Objects and Reasons, see Gazette of India, 1876, p. 1836 ; for the Reports of the Select Committee, see ibid., 1877, Pt. V, p. 321, \r\n1878, Pt. V, p. 145 ; 1879, Pt. V, p. 75 ; 1881, Pt. V, p. 85 ; for discussions in Council, see ibid., 1876, Supplement, p. 1081 ; and ibid., 1881, \r\nSupplement, p. 1409. \r\nThis Act has been declared to be in force in Balochistan by the British Balochistan Laws Regulation, 1913 (2 of 1913), s. 3. \r\nFor summary procedure on negotiable instruments, see the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. I, Order XXXVII. \r\nThis Act has been extended to___ \r\n(a) the Leased Areas of Balochistan, see the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950); and applied in the Federated Areas of \r\nBalochistan, see Gaz. of India, 1937, Pt. I, p. 1499 ; \r\n(b) the Balochistan States Union, see the Balochistan States Union (Federal Laws) (Extension) Order, 1953 (G. G. O. 4 of 1953), as \r\namended by the Balochistan States Union (Federal Laws) (Extension) (Second Amendment) Order, 1953 (G. G. O. 19 of 1953); and \r\n(c) the State of Bahawalpur, see the Bahawalpur (Extension of Federal Laws) Order, 1953 (G. G. O. 11 of 1953), as amended. \r\nThe Act has been and shall be deemed to has been brought into force in Gwadur with effect from the 8th September, 1958 by the Gwadur (Applica-\r\ntion of Central Laws) Ordinance,1960 (37 of 1960), s. 2. \r\nThe Act, as in force in the North-West Frontier Province immediately before the commencement of N.W.F.P. Regulation No. II of 1974, has been \r\napplied to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat and Malakand Protected Area, by N.W.F.P. Regulation, No. II of \r\n1974, s.3. \r\nThe Act and the rules, notifications and order made thereunder, as in force in N.W.F.P. before the 15th July, 1975, have been applied to the Districts \r\nof Chitral, Dir, Swat and Malakand Protected Area of the N.W.F.P., by Regulation No. III of 1975, s. 2 and Sch. \r\n2Subs. by the Negotiable Instruments (Amdt.) Act, 1957 (5 of 1958), s.2 (with effect from the 14th October, 1955), for “It extends to [all the Provinces \r\nand the Capital of the Federation]”. The words in crotchets were subs. by A. O., 1949, Arts. 3(2) and 4, for “the whole of British India”. \r\n3 Subs. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 2 ,for certain original words. . \r\n4S.1A,ins.ibid.,s.3. \r\n5 Subs. ibid., s. 4, for the original section as amended by the Decentralization Act, 1914 (4 of 1914), s. 2 and Sch., Pt. I, A. O., 1937 and the Negotiable \r\nInstruments (Amdt.) Act, 1957 (5 of 1958), s. 3. \r\n \r\nPage 10 of 44 \r\n \r\n(b) “banker” means a person transacting the business of accepting, for the purpose \r\nof lending or investment, of deposits of money from the public, repayable on \r\ndemand or otherwise and withdrawable by cheque, draft, order or otherwise, \r\nand includes any Post Office Savings Bank; \r\n(c) “bearer” means a person who by negotiation comes into possession of a \r\nnegotiable instrument, which is payable to bearer; \r\n(d)  “delivery” means transfer of possession, actual or constructive, from one \r\nperson to another; \r\n(e)  “issue” means the first delivery of a promissory note, bill of exchange or \r\ncheque complete in form to a person who takes it as a holder; \r\n(f)  “material alteration” in relation to a promissory note, bill of exchange or \r\ncheque includes any alteration of the date, the sum payable, the time of \r\npayment, the place of payment, and, where any such instrument has been \r\naccepted generally, the addition of a place of payment without the acceptor’s \r\nassent; and \r\n(g)  “notary public” includes any person appointed by the 1[Federal Government] \r\nto perform the functions of notary public under this Act and a notary \r\nappointed under the Notaries Ordinance, 1961 (XIX of 1961)] \r\n_______ \r\nCHAPTER II \r\nOF NOTES, BILLS AND CHEQUES \r\n4. “Promissory note.” A “promissory note” is an instrument in writing (not being a bank-\r\nnote or a currency-note) containing an unconditional undertaking, signed by the maker, to pay 2[on \r\ndemand or at a fixed or determinable future time] a certain sum of money only to, or to the order of, \r\na certain person, or to the bearer of the instrument. \r\nIllustrations \r\nA signs instruments in the following terms: \r\n(a) “I promise to pay B or order Rs. 500.” \r\n(b) “I acknowledge myself to be indebted to B in Rs. 1,000 to be paid on demand, \r\nfor value received.” \r\n(c) “Mr. B, I O U Rs. 1,000.” \r\n(d)  “I promise to pay B Rs. 500 and all other sums which shall be due to him.” \r\n(e)  “I promise to pay B Rs. 500, first deducting thereout any money which he \r\nmay owe me.” \r\n \r\n1 Subs. by F.A.O., 1975, Art, 2 and Table, for “Central Government”. \r\n2Certain words ins. by Ord. 49 of 1962, s. 5. \r\n \r\nPage 11 of 44 \r\n \r\n(f)  “I promise to pay B Rs. 500 seven days after my marriage with C.” \r\n(g) “I promise to pay B Rs. 500 on D’s death, provided D leaves me enough to \r\npay that sum.” \r\n(h)  “I promise to pay B Rs. 500 and to deliver to him my black horse on 1st \r\nJanuary next.” \r\n The instruments respectively marked (a) and (b) are promissory notes. The instruments \r\nrespectively marked (c), (d), (e), (f), (g) and (h) are not promissory notes. \r\n5. “Bill of exchange”. A “bill of exchange” is an instrument in writing containing an \r\nunconditional order, signed by the maker, directing a certain person to pay l[on demand or at a fixed \r\nor determinable future time] a certain sum of money only to, or to the order of, a certain person or to \r\nthe bearer of the instrument.  \r\nA promise or order to pay is not “conditional,” within the meaning of this section and section \r\n4, by reason of the time for payment of the amount or any instalment thereof being expressed to be \r\non the lapse of a certain period after the occurrence of a specified event which, according to the \r\nordinary expectation of mankind, is certain to happen, although the time of its happening may be \r\nuncertain.  \r\nThe sum payable may be “certain,” within the meaning of this section and section 4, although \r\nit includes future interest 2[or return in any other form] or is payable at an indicated rate of exchange, \r\nor is 3[payable at the current rate of exchange, and although it is to be paid in stated instalments and \r\ncontains a provision that on default of payment of one or more instalments or interest 2[or return in \r\nany other form], the whole or the unpaid balance shall become due].  \r\n4[A promise or order to pay is not ‘conditional’ nor is the sum payable ‘uncertain’ within the \r\nmeaning of this section or section 4 by reason of the sum payable being subject to adjustment for \r\nprofit or loss, as the case may be, of the business of the maker.]  \r\n5[Where the person intended can reasonably be ascertained from the promissory note or the \r\nbill of exchange, he is a “certain person” within the meaning of this section and section 4, although \r\nhe is misnamed or designated by description only. \r\nAn order to pay out of a particular fund is not unconditional within the meaning of this \r\nsection; but an unqualified order to pay, coupled with― \r\n(a) an indication of a p articular fund out of which the drawee is to reimburse \r\nhimself or a particular account to be debited to the amount, or \r\n(b)  a statement of the transaction which gives rise to the note or bill, is \r\nunconditional. \r\n \r\n1 Ins. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 6. \r\n2 Ins. by the Negotiable Instrument (Amdt.) Ordinance, 1980 (61 of 1980), s. 2. \r\n3 Subs. by Ord. 49 of 1962, s. 6, for “according to the course of exchange, and although the instrument provides that, on default of payment of an    \r\ninstalment, the balance unpaid shall become due”. \r\n4 New paragraph ins. by Ord. 61 of 1980, s. 2. \r\n5 Subs. by Ord. 49 of 1962, s. 6, for the original paragraph. \r\n \r\nPage 12 of 44 \r\n \r\nWhere the payee is a fictitious or non -existing person the bill of exchange may be t reated as \r\npayable to bearer.]. \r\n6. “Cheque”. A “cheque” is a bill of exchange drawn on a specified banker and not \r\nexpressed to be payable otherwise than on demand. \r\n \r\n7. “Drawer.” “Drawee”. The maker of a bill of exchange or cheque is called the “drawer;” \r\nthe person thereby directed to pay is called the “drawee.” \r\n \r\n“Drawee in case of need.” When in the bill or in any indorsement thereon the name of any \r\nperson is given in addition to the drawee to be resorted to in case of need, such person is called a \r\n“drawee in case of need.” \r\n“Acceptor”. After the drawee of a bill has signed his assent upon the bill, or, if there are \r\nmore parts thereof than one, upon one of such parts, and delivered the same, or given notice of such \r\nsigning to the holder or to some person on his behalf, he is called the “ acceptor.” \r\n \r\n“Acceptor for honour”. l[When a bill of exchange has been noted or protested for non-\r\nacceptance or for better security,] and any person accepts it supra protest for honour of the drawer or \r\nof any one of the indorsers, such person is called an “acceptor for honour.” \r\n“Payee”. The person named in the instrument, to whom or to whose order the money is by \r\nthe instrument directed to be paid, is called the “payee.” \r\n \r\n 2[8. “Holder”. The “holder” of a promissory note, bill of exchange or cheque means the \r\npayee or indorsee who is in possession of it or the bearer thereof but does not include a beneficial \r\nowner claiming through a benamidar. \r\nExplanation.__ Where the note, bill or cheque is lost and not found again, or is destroyed, the \r\nperson in possession of it or the bearer thereof at the time of such loss or destruction shall be deemed \r\nto continue to be its holder.] \r\n 3[9. “Holder in due course”. “Holder in due course” means any person who for consideration \r\nbecomes the possessor of a promissory note, bill of exchange or cheque if payable to bearer, or the payee or \r\nindorsee thereof, if payable to order, before it became overdue, without notice that the title of the \r\nperson from whom he derived his own title was defective. \r\nExplanation.— For the purposes of this section the title of a person to a promissory note, bill \r\nof exchange or che que is defective when he is not entitled to receive the amount due thereon by \r\nreason of the provisions of section 58.] \r\n 10. “Payment in due course” . “Payment in due course” means payment in accordance with \r\nthe apparent tenor of the instrument in good faith and without negligence to any person in possession \r\nthereof under circumstances which do not afford a reasonable ground for believing that he is not \r\nentitled to receive payment of the amount therein mentioned. \r\n \r\n1Subs. by the Negotiable Instruments Act, 1885 (2 of 1885), s. 2, for “When acceptance is refused and the bill is protested for non-acceptance.” \r\n2Subs. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 7, for the original section. \r\n3Subs. ibid., s. 8, for the original section, as amended by the Negotiable Instruments (Amdt.) Act, 1919 (8 of 1919), s. 2. \r\n \r\n \r\nPage 13 of 44 \r\n \r\n11. Inland instrument. A promissory note, bill of exchange or cheque drawn or made in \r\n1[Pakistan], and made payable in, or drawn upon any person resident in, 1[Pakistan] shall be deemed \r\nto be an inland instrument. \r\n \r\n12. Foreign instrument. Any such instrument not so drawn, made or made payable shall be \r\ndeemed to be a foreign instrument. \r\n \r\n  13. “Negotiable instrument”. 2[(1) A “negotiable instrument” means a promissory note, bill \r\nof exchange or cheque payable either to order or to bearer. \r\nExplanation (i).― A promissory note, bill of exchange or cheque is payable to order which is \r\nexpressed to be so payable or which is expressed to be payable to a particular person, and does not \r\ncontain words prohibiting transfer or indicating an intention that it shall not be transferable. \r\nExplanation (ii).― A promissory note, bill of exchange or cheque is payable to bearer which \r\nis expressed to be so payable or on which the only or last indorsement is an indorsement in blank. \r\nExplanation (iii).―Where a promissory note, bill of exchange or cheque, either originally or \r\nby indorsement, is expressed to be payable to the order of a specified person, and not to him or his \r\norder, it is nevertheless payable to him or his order at his option.] \r\n3[(2) A negotiable instrument may be made payable to two or more payees jointly or it may \r\nbe made payable in the alternative to one of two, or one or some of several payees.] \r\n 14. Negotiation. When a promissory note, bill of exchange or cheque is transferred to any \r\nperson, so as to constitute that person the holder thereof, the instrument is said to be negotiated. \r\n15. Indorsement. When the maker or holder of a negotiable instrument signs the same, \r\notherwise than as such maker, for the purpose of negotiation, on the back or face thereof or on a slip \r\nof paper annexed thereto, or so signs for the same purpose a stamped paper intended to be completed \r\nas a negotiable instrument, he is said to indorse the same, and is called the “indorser.” \r\n \r\n16. “Indorsement in blank” and “in full”.—4[(1)] If the indorser signs his name only, the \r\nindorsement is said to be “in blan k,” and if he adds a direction to pay the amount mentioned in the \r\ninstrument to, or to the order of, a specified person, the indorsement is said to be “in full,” and the \r\nperson so specified is called the “indorsee” of the instrument. \r\n“Indorsee.” 4[(2) The provisions of this Act relating to a payee shall apply with the necessary \r\nmodifications to an indorsee.] \r\n 17. Ambiguous instruments. Where an instrument may be construed either as a promissory \r\nnote or bill of exchange, the holder may at his election treat it as either, and the instrument shall be \r\nthenceforward treated accordingly. \r\n 18. Where amount is stated differently in figures and words. If the amount undertaken or \r\nordered to be paid is stated differently in figures and in words, the amount stated in words shall be \r\nthe amount undertaken or ordered to be paid 5[ : ] \r\n \r\n1Subs. by the Negotiable Instruments (Amdt.) Act, 1957 (5 of 1958), s. 4 (with effect from the 14th October, 1955), for “the Provinces and the Capital   \r\nof the Federation” which had been subs. by A. O., 1949, Arts. 3 (2) and 4, for “British India”. \r\n2Subs. by the Negotiable Instruments (Amdt.) Act, 1919 (8 of 1919), s. 3, for the original sub-section. \r\n3Ins. by the Negotiable Instruments (Amdt.) Act, 1914 (5 of 1914), s. 2. \r\n4Ins. Ibid., s. 3. \r\n5Subs. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 9, for the full-stop. \r\n \r\nPage 14 of 44 \r\n \r\n1[Provided that if the words, are ambiguous or uncertain, the amount may be ascertained by \r\nreferring to the figures.] \r\n2[19. Instruments payable on demand. A promissory note or bill of exchange is payable on \r\ndemand,___ \r\n(a) where it is expressed to be so, or to be payable at sight or on presentment; or \r\n(b)  where no time for payment is specified in it ; or \r\n(c)  where the note or bill accepted or indorsed after it is overdue, as regards the \r\nperson accepting or indorsing it.] \r\n 3[20. Inchoate stamped instruments.—(1) Where one person signs and delivers to another a \r\npaper stamped in accordance with the law relating to stamp duty chargeable on negotiable \r\ninstruments, either wholly blank or having written thereon an incomplete negotiable instrument, in \r\norder that it may be made, or completed into a negotiable instrument he thereby gives prima facie \r\nauthority to the person who receives that paper to make or complete it, as the case may be, into a \r\nnegotiable instrument for the amount, if any, specified therein, or, where no amount is specified, for \r\nany amount, not exceeding, in either case, the amount covered by the stamp. \r\n(2) The person so signing shall, subject to the provisions of sub-section (3), be liable upon \r\nsuch instrument, in the capacity in which he signed the same, to any holder in due course, for the \r\namount specified in the instrument or filled up therein: \r\nProvided that no person other than a holder in due course shall receive from the person so \r\nsigning the paper anything in excess of the amount intended by him to be paid thereunder. \r\n (3) In order that any such instrument may on completion be enforceable against any person \r\nwho became a party thereto before such completion, it must be filled up within a reasonable time and \r\nstrictly in accordance with the authority given: \r\nProvided that if any such instrument after completion is negotiated to a hol der in due course, \r\nit shall be valid and effectual for all purposes in his hands, and he may enforce it as if it had been \r\nfilled up within a reasonable time and strictly in accordance with the authority given.] \r\n 21. “At sight”. “On presentment.” “After sight”. 4* * * The expression “after sight” \r\nmeans, in a promissory note, after presentment for sight, and, in a bill of exchange, after acceptance, \r\nor noting for non-acceptance, or protest for non-acceptance. \r\n5[21A. When note or bill payable on demand is overdue. A promissory note or bill of \r\nexchange payable on demand shall be deemed to be overdue when it appears on the face of it to have \r\nbeen in circulation for an unreasonable length of time. \r\n \r\n \r\n1Proviso added by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 9. \r\n2Subs. ibid., s. 10, for the original section. \r\n3Subs. ibid., s.11, for the original section, as amended by A.O., 1949, Arts. 3(2) and 4 and the Negotiable Instruments (Amdt.) Act, 1957 (5 of 1958), \r\ns.4 (with effect from the 14th October, 1955). \r\n4The words “In a promissory note or bill of exchange the expression ‘at sight’ and ‘on presentment’ mean on demand” , omitted by the Negotiable \r\nInstruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 12. \r\n5Ss. 21A, 21B and 21 C, ins. ibid., s. 13. \r\n \r\n \r\nPage 15 of 44 \r\n \r\n 21B. A note or bill payable at a determinable future time. A promissory note or bill of \r\nexchange is payable at a determinable future time within the meaning of this Act if it is expressed to \r\nbe payable― \r\n(a)  at a fixed time after date or sight; or \r\n(b)  on or at a fixed time after the occurrence of a specified event which is certain \r\nto happen, though the time of its happening may be uncertain. \r\n 21C. Anti-dating and post-dating. A promissory note, bill of exchange or cheque is not \r\ninvalid by reason only that it is anti-dated or post-dated: \r\n  Provided that the anti-dating or post-dating does not involve any illegal or fraudulent purpose \r\nor transaction.] \r\n 22. “Maturity”. The maturity of a promissory note or bill of exchange is the date at which it \r\nfalls due. \r\nDays of grace. Every promissory note or bill of exchange which is not expressed to be \r\npayable on demand, at sight or on presentment is at maturity on the third day after the day on which \r\nit is expressed to be payable. \r\n23. Calculating maturity of bill or note payable so many months after date or sight. In \r\ncalculating the date at which a promissory note or bill of exchange, made payable a stated number of \r\nmonths after date or after sight, or after a certain event, is at maturity, the period stated shall be held \r\nto terminate on the day of the month which corresponds with the day on which the instrument is \r\ndated, or presented for acceptance or sight, or noted for non-acceptance, or protested for non-\r\nacceptance, or the event happens, or, where the instrument is a bill of exchange made payable a \r\nstated number of months after sight and has been accepted for honour, with the day on which it was \r\nso accepted. If the month in which the period would terminate has no corresponding day, the period \r\nshall be held to terminate on the last day of such month. \r\nIllustrations \r\n(a) A negotiable instrument, dated 29th January 1878, is made payable at one \r\nmonth after date. The instrument is at maturity on the third day after the 28th \r\nFebruary 1878. \r\n(b)  A negotiable instrument, dated 30th August 1878, is made payable three \r\nmonths after date. The instrument is at maturity on the 3rd December 1878. \r\n(c)  A promissory note or bill of exchange, dated 31st August 1878, is made \r\npayable three months after date. The instrument is at maturity on the 3rd \r\nDecember 1878. \r\n24. Calculating maturity of bill or note payable so many days after date or sight. In \r\ncalculating the date at which a promissory note or bill of exchange made payable a certain number of \r\ndays after date or after sight or after a certain event is at maturity, the day of the date, or of \r\npresentment for acceptance or sight, or of protest for non-acceptance, or on which the event happens, \r\nshall be excluded. \r\n 25. When day of maturity is a holiday. When the day on which a promissory note or bill of \r\nexchange is at maturity is a public holiday, the instrument shall be deemed to be due on the next \r\npreceding business day. \r\n \r\n \r\nPage 16 of 44 \r\n \r\n 1[Explanation— The expression “public holiday” shall mean the day or days declared by the \r\nFederal Government, by notification in the official Gazette, to be public holidays.] \r\n______________ \r\nCHAPTER III \r\nPARTIES TO NOTES, BILL AND CHEQUES \r\n26. Capacity to make, etc., promissory notes, etc. Every person capable of contracting, \r\naccording to the law to which he is subject, may bind himself and be bound by the making, drawing, \r\nacceptance, indorsement, delivery and negotiation of a promissory note, bill of exchange or cheque. \r\nMinor. 2[Where such an instrument is made, drawn or negotiated by a minor, the making, \r\ndrawing or negotiation entitles the holder to receive payment of such instrument and to enforce it \r\nagainst any party thereto other than the minor.] \r\nNothing herein contained shall be deemed to empower a corporation to make, indorse or \r\naccept such instruments except in cases in which, under the law for the time being in force, they are \r\nso empowered. \r\n27. Agency. Every person capable of binding himself or of being bound, 3[by the making, \r\ndrawing, acceptance or negotiation of a negotiable instrument], may so bind himself or be bound by \r\na duly authorized agent acting in his name.  \r\nA general authority to transact business and to receive and discharge debts does not confer \r\nupon an agent the power of accepting or indorsing bills of exchange so as to bind his principal.  \r\nAn authority to draw bills of exchange does not of itself import an authority to indorse. \r\n 4[27A. Authority of partners. A partner acting in the firm name may bind the firm by the \r\nmaking, drawing, acceptance or negotiation of a negotiable instrument to the extent authorized by \r\nlaw relating to partnership for the time being in force.] \r\n 5[28. Liability of agent signing. ―(1) Where a person signs a promissory note, bill of ex-\r\nchange or cheque without adding to his signature words indicating that he signs it as an agent for and \r\non behalf of a principal or in a representative character, he is personally liable thereon but the mere \r\naddition to his signature of words describing him as an agent or as filling a representative character \r\ndoes not exempt him from personal liability. \r\n (2) Notwithstanding anything contained in sub-section (1), any person signing a promissory \r\nnote, bill of exchange or cheque for and on behalf of the principal is not liable to a person who \r\ninduces him to sign upon the belief that the principal alone would be held liable.] \r\n6[28A. Transferor by delivery and transferee.—(1) Where the holder of a negotiable \r\ninstrument payable to bearer negotiates it by delivery without indorsing it, he is called a “transferor \r\nby delivery”. \r\n \r\n1Subs. by Act 38, of 1997, s.2. \r\n2Subs. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 14, for the original paragraph. \r\n3Subs. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 15, for “as mentioned in section 26”. \r\n4Section 27A ins. ibid., s. 16. \r\n5Subs. ibid., s. 17, for the original section. \r\n6Section 28A, ins. ibid., s. 18. \r\n \r\nPage 17 of 44 \r\n \r\n(2)  A transferor by delivery is not liable on the instrument. \r\n \r\n(3)  A transferor by delivery who negotiates a negotiable instrument thereby warrants to \r\nhis immediate tarnsferee, being a holder for consideration, that the instrument is what it purports to \r\nbe, that he has a right to transfer it, and that at the time of transfer he is not aware of any defect \r\nwhich renders it valueless.] \r\n29. Liability of legal representative signing. A legal representative of a deceased person \r\nwho signs his name to a promissory note, bill of exchange or cheque is liable personally thereon \r\nunless he expressly limits his liability to the extent of the assets received by him as such. \r\n1[29A. Signature essential to liability. No person is liable as maker, drawer, indorser or \r\nacceptor of a promissory note, bill of exchange or cheque who has not signed it as such: \r\nProvided that where a person signs any such instrument in a trade or assumed name he is \r\nliable thereon as if he had signed it in his own name. \r\n29B. Forged or unauthorized signature. Subject to the provisions of this Act, where a \r\nsignature on a promissory note, bill of exchange or cheque is forged or placed thereon without the \r\nauthority of the person whose signature it purports to be, the forged or unauthorized signature is \r\nwholly inoperative, and no right to retain the instrument or to give a discharge therefor or to enforce \r\npayment thereof against any party thereto can be acquired through or under that signature, unless the \r\nparty against whom it is sought to retain or enforce payment of the instrument is precluded from \r\nsetting up the forgery or want of authority: \r\nProvided that nothing in this section shall effect the ratification of an unauthorized signature \r\nnot amounting to a forgery. \r\n29C. Stranger signing instrument presumed to be indorser. A person placing his \r\nsignature upon a negotiable instrument otherwise than as maker, drawer or acceptor is pre-sumed to \r\nbe an indorser unless he clearly indicates by appropriate words his intention to be bound in some \r\nother capacity.] \r\n2[30. Liability of drawer.—(1) (a) The drawer of a bill of exchange by drawing it, engages \r\nthat on due presentment it shall be accepted and paid according to its tenor, and that if it be \r\ndishonoured, he will compensate the holder or any indorser who is compelled to pay it; and \r\n(b) the drawer of a cheque by drawing it, engages that in the case of dishonour by the drawee \r\nhe will compensate the holder: \r\nProvided that due notice of dishonour of the bill or cheque has been given to or received by \r\nthe drawer as hereinafter provided. \r\n(2) The drawee of a bill of exchange is not liable thereon until acceptance in the manner \r\nprovided by this Act.] \r\n 31. Liability of drawee of cheque. The drawee of a cheque having sufficient funds of the \r\ndrawer in his hands properly applicable to the payment of such cheque must pay the cheque when \r\nduly required so to do, and, in default of such payment, must compensate the drawer for any loss or \r\ndamage caused by such default. \r\n \r\n1Ss. 29A, 29B and 29C, ins. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962) s. 19. \r\n2Subs. ibid., s. 20, for the original section 30. \r\n \r\nPage 18 of 44 \r\n \r\n1[32. Liability of maker of note and acceptor of bill.—(1) In the absence of a contract to \r\nthe contrary, the maker of a promissory note, by making it, and the acceptor before maturity of a bill \r\nof exchange by accepting it, engages that he will pay it according to the tenor of the note or his \r\nacceptance respectively, and in-default of such payment, such maker or acceptor is bound to \r\ncompensate any party to the note or bill or any loss or damage sustained by him and caused by such \r\ndefault. \r\n(2) The acceptor of a bill of exchange at or after maturity, by accepting it, engages to pay the \r\namount thereof to the holder on demand.] \r\n33. Only drawee can be acceptor except in need or for honour. No person except the \r\ndrawee of a bill of exchange, or all or some of several drawees, or a person named therein as a \r\ndrawee in case of need, or an acceptor for honour, can bind himself by an acceptance. \r\n34. Acceptance by several drawees not partners. Where there are several drawees of a bill \r\nof exchange who are not partners, each of them can accept it for himself, but none of them can \r\naccept it for another without his authority. \r\n35. Liability of indorser. 2[In the absence of a contract to the contrary, the indorser of a \r\nnegotiable instrument, by indorsing it, engages that on due presentment it shall be accepted and paid \r\naccording to its tenor and that if it be dishonoured he will compensate the holder or subsequent \r\nindorser who is compelled to pay it for any loss or damage caused to him by such dishonour.] \r\nEvery indorser after dishonour is liable as upon an instrument payable on demand. \r\n 36. Liability of prior parties to holder in due course. Every prior party to a negotiable \r\ninstrument is liable thereon to a holder in due course until the instrument is duly satisfied. \r\n37. Maker, drawer and acceptor principals. The maker of a promissory note or cheque, the \r\ndrawer of a bill of exchange until acceptance, and the acceptor are, in the absence of a contract to the \r\ncontrary, respectively liable thereon as principal debtors, and the other parties thereto are liable \r\nthereon as sureties for the maker, drawer or acceptor, as the case may be. \r\n38. Prior party a principal in respect of each subsequent party. As between the parties so \r\nliable as sureties, each prior party is, in the absence of a contract to the contrary, also liable thereon \r\nas a principal debtor in respect of each subsequent party. \r\nIllustration \r\n A draws a bill payable to his own order on B who accepts. A afterwards indorses the bill to \r\nC, C to D, and D to E. As between E and B, B is the principal debtor, and A, C and D are his \r\nsureties. As between E and A, A is the principal debtor, and C and D are his sureties. As between E \r\nand C, C is the principal debtor and D is his surety. \r\n3[38A. Liability of accommodation party and position of accommodation party. —(1) An \r\naccommodation party is liable on a negotiable instrument to a holder in due course, notwithstanding \r\nthat when such holder took the instrument he knew such party to be an accommodation party. \r\n(2) An accommodation party to a negotiable instrument, if he has paid the amount thereof, is \r\nentitled to recover such amount from the party accommodated.] \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nlSubs. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 21. for the original section 32. \r\n2Subs. ibid., s. 22. for the original paragraph. \r\n3S. 38A, ins. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962). s. 23. \r\n \r\nPage 19 of 44 \r\n \r\n39. Suretyship. When the holder of an accepted bill of exchange enters into any contract \r\nwith the acceptor which, under section 134 or 135 of the Contract Act, 1872 (IX of 1872), would \r\ndischarge the other parties, the holder may expressly reserve his right to charge the other parties, and \r\nin such case they are not discharged. \r\n40. Discharge of indorser’s liability. When the holder of a negotiable instrument, without \r\nthe consent of the indorser, destroys or impairs the indorser’s remedy against a prior party, the \r\nindorser is discharged from liability to the holder to the same extent as if the instrument had been \r\npaid at maturity. \r\nIllustration \r\nA is the holder of a bill of exchange made payable to the order of B, which contains the \r\nfollowing indorsements in blank:— \r\nFirst indorsement, “B”. \r\nSecond indorsement, “Peter Williams.” \r\nThird indorsement, “Wright & Co.” \r\nFourth indorsement, “John Rozario.” \r\nThis bill A puts in suit against John Rozario and strikes out, without John Rozario’s consent, \r\nthe indorsements by Peter Williams, and Wright & Co. A is not entitled to recover anything from \r\nJohn Rozario. \r\n41. Acceptor bound although indorsement forged. An acceptor of a bill of exchange \r\nalready indorsed is not relieved from liability by reason that such indorsement is forged, if he knew \r\nor had reason to believe the indorsement to be forged when he accepted the bill. \r\n42. Acceptance of bill drawn in fictitious name. An acceptor of a bill of exchange drawn in \r\na fictitious name and payable to the drawer’s order is not, by reason that such name is fictitious, \r\nrelieved from liability to any holder in due course claiming under an indorsement by the same hand \r\nas the drawer’s signature, and purporting to be made by the drawer. \r\n43. Negotiable instrument made, etc. without consideration. A negotiable instrument \r\nmade, drawn, accepted, indorsed or transferred without consideration, or for a consideration which \r\nfails, creates no obligation of payment between the parties to the transaction. But if any such party \r\nhas transferred the instrument with or without indorsement to a holder for consideration, such holder, \r\nand every subsequent holder deriving title from him, may recover the amount due on such instrument \r\nfrom the transferor for consideration or any prior party thereto. \r\nException I.—No party for whose accommodation a negotiable instrument has been made, \r\ndrawn, accepted or indorsed can, if he have paid the amount thereof, recover thereon such amount \r\nfrom any person who became a party to such instrument for his accommodation. \r\nException II.—No party to the instrument who has induced any other party to make, draw, \r\naccept, indorse or transfer the same to him for a consideration which he has failed to pay or perform \r\nin full shall recover thereon an amount exceeding the value of the consideration (if any) which he has \r\nactually paid or performed. \r\n44. Partial absence or failure of money consideration. When the consideration for which a \r\nperson signed a promissory note, bill of exchange or cheque consisted of money, and was originally \r\nabsent in part or has subsequently failed in part, the sum which a holder standing in immediate \r\nrelation with such signer is entitled to receive from him is proportionally reduced. \r\n \r\nPage 20 of 44 \r\n \r\nExplanation.― The drawer of a bill of exchange stands in immediate relation with the \r\nacceptor. The maker of a promissory note, bill of exchange or cheque stands in immediate relation \r\nwith the payee, and the indorser with his indorsee. Other signers may by agreement stand in \r\nimmediate relation with a holder. \r\nIllustration \r\nA draws a bill on B for Rs. 500 payable to the order of A. B accepts the bill, but subsequently \r\ndishonours it by non-payment. A sues B on the bill. B proves that it was accepted for value as to Rs. \r\n400. and as an accommodation to the plaintiff as to the residue. A can only recover Rs. 400. \r\n45. Partial failure of consideration not consisting of money. Where a part of the \r\nconsideration for which a person signed a promissory note, bill of exchange or cheque, though not \r\nconsisting of money, is ascertainable in money without collateral enquiry, and there has been a \r\nfailure of that part, the sum which a holder standing in immediate relation with such signer is entitled \r\nto receive from him is proportionally reduced. \r\n1[45A. Holder’s right to duplicate of lost bill. Where a bill of exchange has been lost before \r\nit is overdue, the person who was the holder of it may apply to the drawer to give him another bill of \r\nthe same tenor, giving security to the drawer, if required, to indemnify him against all persons what-\r\never in case the bill alleged to have been lost shall be found again. \r\nIf the drawer on request as aforesaid refuses to give such duplicate bill, he may be compelled \r\nto do so.] \r\n_________________ \r\nCHAPTER IV \r\nOF NEGOTIATION  \r\n46. Delivery. The making, acceptance or indorsement of a promissory note, bill of exchange \r\nor cheque is completed by delivery, actual or constructive.  \r\nAs between parties standing in immediate relation, delivery to be effectual must be made by \r\nthe party making, accepting or indorsing the instrument or by a person authorized by him in that \r\nbehalf.  \r\nAs between such parties and any holder of the instrument other than a holder in due course, it \r\nmay be shown that the instrument was delivered conditionally or for a special purpose only, and not \r\nfor the purpose of transferring absolutely the property therein. \r\nA promissory note, bill of exchange or cheque payable to bearer is negotiable by the delivery \r\nthereof. \r\nA promissory note, bill of exchange or cheque payable to order is negotiable by the holder by \r\nindorsement and delivery thereof. \r\n \r\n \r\n \r\n1S. 45A ins. by the Negotiable Instruments Act, 1885 (2 of 1885), s. 3. \r\n \r\nPage 21 of 44 \r\n \r\n47. Negotiation by delivery. Subject to the provisions of section 58, a promissory note, bill \r\nof exchange or cheque payable to bearer is negotiable by delivery thereof. \r\nException.—A promissory note, bill of exchange or cheque delivered on condition that it is \r\nnot to take effect except in a certain event is not negotiable (except in the hands of a holder for value \r\nwithout notice of the condition) unless such event happens. \r\n \r\nIllustrations \r\n(a)  A, the holder of a negotiable instrument payable to bearer, delivers it to B’s \r\nagent to keep for B. The instrument has been negotiated. \r\n(b)  A, the holder of negotiable instrument payable to bearer, which is in the hands \r\nof A’s banker, who is at the time the banker of B, directs the banker to transfer \r\nthe instrument to B’s credit in the banker’s account with B. The banker does \r\nso, and accordingly now possesses the instrument as B’s agent. The \r\ninstrument has been negotiated, and B has become the holder of it. \r\n48. Negotiation by indorsement. Subject to the provisions of section 58, a promissory note, \r\nbill of exchange or cheque l[payable to order] is negotiable by the holder by indorsement and \r\ndelivery thereof. \r\n2[49. Conversion of indorsement in blank into indorsement in full. When a negotiable \r\ninstrument has been indorsed in blank, any holder may, without signing his own name, convert the \r\nblank indorsement into an indorsement in full by writing above the indorser’s signature a direction to \r\npay the amount to or to the order of himself or some other person; and the holder does not thereby \r\nincur the responsibility of an indorser.] \r\n3[50. Effect of indorsement.―(1) Subject to the provisions of this Act relating to restrictive, \r\nconditional and qualified indorsement, the indorsement of a negotiable instrument followed by \r\ndelivery transfers to the indorsee the property therein with the right of further negotiation. \r\n(2) An indorsement is restrictive which either― \r\n(a)  restricts or excludes the right to further negotiate the instrument; or \r\n(b) constitutes the indorsee an agent of the indorser to indorse the instrument or to \r\nreceive its contents for the indorser or for some other specified person: \r\nProvided that the mere absence of words implying right to negotiate does not make the \r\nindorsement restrictive.] \r\n \r\n \r\n1Subs. by the Negotiable Instruments (Amdt.) Act, 1919 (8 of 1919), s. 4, for “payable to the order of a specified person or to a specified person or \r\norder”. \r\n2Subs. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 24, for the original section 49. \r\n3Subs. ibid., s. 25, for the original section 50. \r\n \r\n \r\nPage 22 of 44 \r\n \r\nIllustrations \r\nB signs the following indorsements on different negotiable instruments payable to bearer :— \r\n(a) “Pay the contents to C only.” \r\n(b) “Pay C for my use.” \r\n(c) “Pay C or order for the account of B.” \r\n(d) “The within must be credited to C.” \r\nThese indorsements exclude the right of further negotiation by C. \r\n(e) “Pay C.” \r\n(f) “Pay C value in account with the Oriental Bank.” \r\n(g) “Pay the contents to C, being part of the consideration in a certain deed of \r\nassignment executed by C to the indorser and others.” \r\nThese indorsements do not exclude the right of further negotiation by C. \r\n51. Who may negotiate. Every sole maker, drawer, payee or indorsee, or all of several joint \r\nmakers, drawers, payees or indorsees, of a negotiable instrument may, if the negotiability of such \r\ninstrument has not been restricted or excluded as mentioned in section 50, indorse and negotiate the \r\nsame. \r\nExplanation.— Nothing in this section enables a maker or drawer to indorse or negotiate an \r\ninstrument, unless he is in lawful possession or is holder thereof; or enables a payee or indorsee to \r\nindorse or negotiate an instrument, unless he is holder thereof. \r\nIllustration \r\nA bill is drawn payable to A or order. A indorses it to B, the indorsement not containing the \r\nwords “or order” or any equivalent words. B may negotiate the instrument. \r\n52. Indorser who excludes his own liability or makes it conditional. The indorser of a \r\nnegotiable instrument may, by express words in the indorsement, exclude his own liability thereon, \r\nor make such liability or the right of the indorsee to receive the amount due thereon depend upon the \r\nhappening of a specified event, although such event may never happen. \r\nWhere an indorser so excludes his liability and afterwards becomes the holder of the \r\ninstrument, all intermediate indorsers are liable to him. \r\nl[Where the right of an indorsee to receive the amount due on the negotiable instrument is \r\nmade dependent in the aforesaid manner the condition is valid only as between the indorser and the \r\nindorsee. \r\nWhere the indorsement of a negotiable instrument purports to be conditional, the payer may \r\ndisregard the condition, and payment to the indorsee is valid whether the condition has been fulfilled \r\nor not.] \r\n \r\n1Added by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 26. \r\n \r\nPage 23 of 44 \r\n \r\nIllustrations \r\n(a)  The indorser of a negotiable instrument signs his name adding the words― \r\n“Without recourse”. \r\nUpon this indorsement he incurs no liability. \r\n(b)  A is the payee and holder of a negotiable instrument. Excluding personal \r\nliability by an indorsement “without recourse,” he transfers the instrument to \r\nB, and B indorses it to C, who indorses it to A. A is not only reinstated in his \r\nformer rights, but has the rights of an indorsee against B and C. \r\n1[53. Holder claiming through holder in due course. (1) A holder who derives his title \r\nthrough a holder in due course, and who is not himself a party to any fraud or illegality affecting the \r\nnegotiable instrument, has all the rights therein of that holder in due course as regards the acceptor \r\nand all parties to the instrument prior to that holder. \r\n(2) Where the title of the holder is defective,— \r\n(a) if he negotiates the instrument to a holder in due course, that holder obtains a \r\ngood and complete title to the instrument; and \r\n(b)  if he obtains payment of the instrument, the person who pays him in due \r\ncourse gets a valid discharge for the instrument.] \r\n2[53A. Rights of holder in due course. A holder in due course holds the negotiable instru-\r\nment free from any defect of title of prior parties, and free from defences available to prior parties \r\namong themselves, and may enforce payment of the instrument for the full amount thereof against all \r\nparties liable thereon.] \r\n54. Instrument indorsed in blank. Subject to the provisions hereinafter contained as to \r\ncrossed cheques, a negotiable instrument indorsed in blank is payable to the bearer thereof even \r\nalthough originally payable to order. \r\n55. Conversion of indorsement in blank in to indorsement in full. If a negotiable \r\ninstrument, after having been indorsed in blank, is indorsed in full, the amount of it cannot be \r\nclaimed from the indorser in full, except by the person to whom it has been indorsed in full, or by \r\none who derives title through such person. \r\n3[56. Requisites of indorsement.―(1) Negotiation by indorsement must be of the entire \r\ninstrument. \r\n(2) An indorsement which purports to transfer to the indorsee only a part of the amount \r\npayable, or which purports to transfer the instrument to two or more indorsees severally, is not vaild \r\nas a negotiation of the instrument; but where such amount has been paid in part, a note to that effect \r\nmay be indorsed on the instrument, which may then be indorsed for the balance.] \r\n \r\n \r\n \r\n \r\n1Subs. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 27, for the original section 53. \r\n2S. 53A ins. ibid., s. 28. \r\n3Subs. ibid., s. 29. for the original section 56. \r\n \r\nPage 24 of 44 \r\n \r\n57. Legal representative cannot by delivery only negotiate instrument indorsed by \r\ndeceased. The legal representative of a deceased person cannot negotiate by delivery only a \r\npromissory note, bill of exchange or cheque payable to order and indorsed by the deceased but not \r\ndelivered. \r\n1[57A. Negotiation of instrument to party already liable thereon. Where a negotiable \r\ninstrument is negotiated back before maturity to the maker or drawer or a prior indorser or to the \r\nacceptor, such party may, subject to the provisions of this Act, re-issue and further negotiate the \r\ninstrument, but he is not entitled to enforce payment of the instrument against any intervening party \r\nto whom he was previously liable. \r\n57B. Rigts of holder. A holder may receive payment in due course under a negotiable \r\ninstrument and furhter negotiate it in the manner provided by this Act; he may also sue on such \r\ninstrument in his own name.] \r\n2[58. Defective title. When a promissory note, bill of exchange or cheque has been lost or has \r\nbeen obtained from any maker, drawer, acceptor or holder thereof by means of an offence or fraud, \r\nor for an unlawful consideration, neither the person who finds or so obtains the instrument nor any \r\npossessor or indorsee who claims through such person is entitled to receive the amount due thereon \r\nfrom such maker, drawer, acceptor or holder, unless such possessor or indorsee is, or some person \r\nthrough whom he claims was, a holder thereof in due course.] \r\n59. Instrument acquired after dishonour or when overdue. The holder of a negotiable \r\ninstrument, who has acquired it after dishonour, whether by non-acceptance or nonpayment, with \r\nnotice thereof, or after maturity, has only, as against the other parties, the rights thereon of his \r\ntransferor 3[and is subject to the equities to which the transferor was subject at the time of acquisition \r\nby such holder]: \r\nAccommodation note or bill. Provided that any person who, in good faith and for consi-\r\nderation, becomes the holder, after maturity, of a promissory note or bill of exchange made, drawn or \r\naccepted without consideration, for the purpose of enabling some party thereto to raise money \r\nthereon, may recover the amount of the note or bill from any prior party. \r\nIllustration \r\nThe acceptor of a bill of exchange, when he accepted it, deposited with the drawer certain \r\ngoods as a collateral security for the payment of the bill, with power to the drawer to sell the goods \r\nand apply the proceeds in discharge of the bill if it were not paid at maturity. The bill not having \r\nbeen paid at maturity, the drawer sold the goods and retained the proceeds, but indorsed the bill to A. \r\nA’s title is subject to the same objection as the drawer’s title. \r\n \r\n \r\nlSections 57A and 57B ins. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 30. \r\n2Subs. ibid., s. 31, for the original section 58. \r\n3Ins. ibid.,s.32. \r\n \r\nPage 25 of 44 \r\n \r\n60. Instrument negotiable till payment or satisfaction. A negotiable instrument may be \r\nnegotiated (except by the maker, drawee or acceptor after maturity) until payment or satisfaction \r\nthereof by the maker, drawee or acceptor at or after maturtiy, but not after such payment or \r\nsatisfaction. \r\n____________ \r\nCHAPTER V \r\nOF PRESENTMENT \r\n61. Presentment or acceptance. A bill of exchange payable after sight must, if no time or \r\nplace is specified therein for presentment, be presented to the drawee thereof for acceptance, if he \r\ncan, after reasonable search, be found, by a person entitled to demand acceptance, within a \r\nreasonable time after it is drawn, and in business hours on a business day. In default of such \r\npresentment, no party thereto is liable thereon to the person making such default.  \r\nIf the drawee cannot, after reasonable search, be found, the bill is dishonoured. \r\nIf the bill is directed to the drawee at a particular place, it must be presented at that place; and \r\nif at the due date for presentment he cannot, after reasonable search, be found there, the bill is \r\ndishonoured. \r\nl[Where authorized by agreement or usage, a presentment through the post office by means of \r\na registered letter is sufficient.] \r\n62. Presentment of promissory note for sight. A promissory note, payable at a certain \r\nperiod after sight, must be presented to the maker thereof for sight (if he can, after reasonable search, \r\nbe found) by a person entitled to demand payment, within a reasonable time after it is made and in \r\nbusiness hours on a business day in default of such presentment, no party thereto is liable thereon to \r\nthe person making such default. \r\n63. Drawees time for deliberation. The holder must, if so required by the drawee of a bill of \r\nexchange presented to him for acceptance, allow the drawee 2[forty eight] hours (exclusive of public \r\nholidays) to consider whether he will accept it. \r\n64. Presentment for payment. 3[Subject to the provisions of section 76, promissory notes], \r\nbills of exchange and cheques must be presented for payment to the maker, acceptor or drawee \r\nthereof respectively, by or on behalf of the holder as hereinafter provided. In default of such \r\npresentment, the other parties thereto are not liable thereon to such holder. \r\n 4*  *  *  *  *  *  * \r\n Exception.― Where a promissory note is payable on demand and is not payable at a \r\nspecified place, no presentment is necessary in order to charge the maker thereof 5[,nor is \r\npresentment necessary to charge the acceptor of a bill of exchange].  \r\n5[The provisions of this section are without prejudice to the provisions relating to \r\npresentment for acceptance in the case of a bill of exchange. \r\n \r\n1Ins. by the Negotiable Instruments Act, 1885 (2 of 1885), s. 4. \r\n2Subs. by the Negotiable Instruments (Amdt.) Act, 1921 (12 of 1921) s. 2, for “twenty-four”. \r\n3Subs. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 33, for “Promissory notes” . \r\n4The second paragraph which was ins. by the Negotiable Instruments Act, l885 (2 of 1885), s. 4 have been omitted by Ord. 49 of 1962, s. 33. \r\n5Added ibid. \r\n \r\nPage 26 of 44 \r\n \r\nExplanation.— Where there are several persons, not being partners liable on the negotiable \r\ninstrument, as makers, acceptors or drawees, as the case may be, and no place of payment is \r\nspecified, presentment must be made to them all.] \r\n \r\n 65. Hours for presentment. Presentment for payment must be made during the usual hours \r\nof business, and, if at a banker’s, within banking hours. \r\n66. Presentment for payment of instrument payable after date or sight. A promissory \r\nnote or bill of exchange, made payable at a specified period after date or sight thereof, must be \r\npresented for payment at maturity. \r\n67. Presentment for payment of promissory note payable by instalments. A promissory \r\nnote payable by instalments must be presented for payment on the third day after the date fixed for \r\npayment of each instalment; and non-payment on such presentment has the same effect as non-\r\npayment of a note at maturity. \r\n68. Presentment for payment of instrument payable at specified place and not \r\nelsewhere. A promissory note, bill of exchange or cheque made, drawn or accepted payable at a \r\nspecified place and not elsewhere must, in order to charge any party thereto, be presented for pay-\r\nment at that place. \r\n69. Instrument payable at specified place. A promissory note or bill of exchange made, \r\ndrawn or accepted payable at a specified place must, in order to charge the maker or drawer thereof, \r\nbe presented for payment at that place. \r\n70. Presentment where no exclusive place specified. A promissory note or bill of exchange, \r\nnot made payable as mentioned in sections 68 and 69, must be presented for payment l[at the address \r\nof the maker, acceptor or drawee given in the instrument, and if no such address is given] at the place \r\nof business 2[(if known), or at the ordinary residence (if known)], of the maker, drawee or acceptor \r\nthereof, as the case may be. \r\n71. Presentment when maker etc., has no known place of business or residence. If the \r\nmaker, drawee or acceptor of a negotiable instrument has no known place of business or 3* \r\nresidence, and no place is specified in the instrument for presentment for acceptance or payment, \r\nsuch presentment may be made to him in person wherever he can be found. \r\n4[Explanation.― In this section and sections 68 and 69, “ specified place” means a place \r\nsufficiently described so as to enable the person presenting the instrument to locate it.] \r\n5[71A. What constitutes valid presentment and mode of presentment.―(1) To constitute \r\na valid presentment it shall be sufficient if instead of the original negotiable instrument a copy \r\nthereof certified to be true by the holder is delivered to the person liable thereon, either personally or \r\nby registered post or by other effective means. \r\n \r\n1Ins. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 34. \r\n2Subs. ibid., s. 34, for “ (if any), or at the usual residence”. \r\n3The word “ fixed” omitted ibid., s. 35. \r\n4ExpIanation added, ibid. \r\n5Section 71A ins. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 36. \r\n \r\n \r\nPage 27 of 44 \r\n \r\n(2) If, after such delivery, the person liable to pay so demands, the holder shall allow him to \r\ninspect the original negotiable instrument during the hours of business of the holder, and if the \r\nholder fails to do so within a reasonable time, the presentment shall be deemed to be invalid.] \r\n72. Presentment of cheque to charge drawer. 1[Subject to the provisions of section 84,] a \r\ncheque must, in order to charge the drawer, be presented at the bank upon which it is drawn before \r\nthe relation between the drawer and his banker has been altered to the prejudice of the drawer. \r\n73. Presentment of cheque to charge any other person. A cheque must, in order to charge \r\nany person except the drawer, be presented within a reasonable time after delivery there of by such \r\nperson. \r\n74. Presentment of instrument payable on demand. Subject to the provisions of section \r\n31, a negotiable instrument payable on demand must be presented for payment within a reasonable \r\ntime after it is received by the holder. \r\n75. Presentment by or to agent, representative of deceased or assignee of insolvent. \r\nPresentment for acceptance or payment may be made to the duly authorised agent of the drawee, \r\nmaker or acceptor, as the case may be, or, where the drawee, maker or acceptor has died, to his legal \r\nrepresentative, or, where he has been declared an insolvent, to his assignee. \r\n2[75A. Excuse for delay in presentment for acceptance or payment. Delay in presentment \r\n3[for acceptance or payment] is excused if the delay is caused by circumstances beyond the control \r\nof the holder, and not imputable to his default, misconduct or negligence. When the cause of delay \r\nceases to operate, presentment must be made within a reasonable time.]  \r\n4*   *   *   *   *   *   * \r\n76. When presentment unneces sary. No presentment for payment is necessary and the \r\ninstrument 5[shall be d eemed to be dis honoured] at the due date for presentment, in any of the \r\nfollowing cases:― \r\n(a) if the maker, drawee or acceptor intentionally prevents the presentment of the \r\ninstrument, or,  \r\n if the instrument being payable at his place of business, he closes such place \r\non a business day during the usual business hours, or,  \r\n if the instrument being payable at some other specified place, neither he nor any \r\nperson authorized to pay it attends at such place during the usual business hours, \r\nor  \r\n if the instrument not being payable at any specified place, he cannot after due \r\nsearch be found; \r\n \r\n1Ins. by the Negotiable Instruments (Amdt.) Act, 1897 (6 of 1897), s. 2. \r\n2S.75A Ins. by the Negotiable Instruments (Amdt.) Act, 1920 (25 of 1920), s. 2. \r\n3Subs. by the Negotiable Instruments (Amdt.) Act, 1921 (12 of 1921), s. 3, for “for payment” . \r\n4A new section 75B was temporarily inserted by the Negotiable Instruments Act (temporary Amdt.) Ordinance, 1948 (6 of 1948).  \r\n5Subs. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962) s. 37, for “is dishonoured”. \r\n \r\n \r\nPage 28 of 44 \r\n \r\n(b)  as against any party sought to be charged therewith, if he has engaged to pay \r\nnotwithstanding non-presentment;  \r\n(c) as against any party if, after maturity, with knowledge that the instrument has \r\nnot been presented― \r\nhe makes a part payment on account of the amount due on the instrument, or \r\npromises to pay the amount due thereon in whole or in part,  \r\nor otherwise waives his right to take advantage of any default in presentment \r\nfor payment; \r\n(d) as against the drawer, if the drawer could not suffer damage from the want of \r\nsuch presentment 1[;]  \r\n   2[(e) where the drawee is a fictitious person; \r\n(f)  as regards an indorser, where the negotiable instrument was made, drawn or \r\naccepted for the accommodation of that indorser and he had reason to expect \r\nthat the instrument would not be paid if presented; and \r\n(g)  where, after the exercise of reasonable diligence, presentment as required by \r\nthis Act cannot be effected. \r\nExplanation.― The fact that the holder has reason to believe that the negotiable instrument \r\nwill, on presentment, be dishonoured does not dispense with the necessity for presentment.] \r\n77. Liability of banker for negligently dealing with bill presented for payment. When a \r\nbill of exchange accepted payable at a specified bank has been duly presented there for payment and \r\ndishonoured, if the banker so negligently or improperly keeps, deals with or delivers back such bill \r\nas to cause loss to the holder, he must compensate the holder for such loss. \r\n_________ \r\nCHAPTER VI \r\nOF PAYMENT AND INTEREST \r\n78. To whom payment should be made. Subject to the provisions of section 82, clause (c), \r\npayment of the amount due on a promissory note, bill of exchange or cheque must, in order to \r\ndischarge the maker or acceptor, be made to the holder of the instrument. \r\n3[79. Interest or return in any other form when rate specified or not specified. Subject to \r\nthe provisions of any law for the time being in force relating to the relief of debtors, and without \r\nprejudice to the provisions of section 34 of the Code of Civil Procedure, 1908, (Act V of 1908)— \r\n \r\n \r\n1Subs. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962) s. 37, for full-stop. \r\n2Cls. (e), (f) and (g) and Explanation, added ibid. \r\n3Subs. by the Negotiable Instruments (Amdt.) Ordinance 1962 (49 of 1962). s. 38, for the original section 79. \r\n \r\nPage 29 of 44 \r\n \r\n(a) when interest 1[or return in any other form] at a specified rate is expressly \r\nmade payable on a promissory note or bill of exchange and no date is fixed \r\nfrom which interest 1[or return in any other form] is to be paid, interest 1[or \r\nreturn in any other form] shall be calculated at the rate specified, on the \r\namount of the principal money due thereon, from the date of the note, or, in \r\nthe case of a bill, from the date on which the amount becomes payable, until \r\ntender or realisation of such amount, or until the date of the institution of a suit \r\nto recover such amount; \r\n(b)  when a promissory note or bill of exchange is silent as regards interest or does not \r\nspecify the rate of interest, \r\non the amount of the principal money due thereon shall, notwithstanding any collateral agreement \r\nrelating to interest between any parties to the instrument, be allowed and calculated at the rate of six \r\nper centum per annum from the date of the note, or, in the case of a bill, from the date on which the \r\namount becomes payable, until tender or realization of the amount due thereon, or until the date of \r\nthe institution of a suit to recover such amount [ : ]2 \r\n3[Provided that in the case of an amount due on an instrument where the return is on bases \r\nother than interest, the return on the amount due, when no rate of return is specified in the \r\ninstrument, shall be calculated at the following rate :— \r\n(i) in the case of return on the basis of mark-up in price, lease, hire-\r\npurchase or service charges, at the contracted rate of mark-up, rental, \r\nhire or service charges, as the case may be; and \r\n(ii)  in the case of return on the basis of participation in profit and loss, at \r\nsuch rate as the Court may consider just and reasonable in the \r\ncircumstances of the case, keeping in vi ew the profit-sharing \r\nagreement entered into between the b anking company and the \r\njudgement debtor when the loan was contracted;] \r\n4[(c) notwithstanding the provisions of clauses (a) and (b), return on an amount due on an \r\ninstrument where the return is on bases other than interest shall be allowed from the date it becomes \r\ndue till the date it is actually paid.] \r\n80. Interest when no rate specified. When no rate of interest is specified in the instrument, \r\ninterest on the amount due thereon shall, 5[notwithstanding any agreement relating to interest \r\nbetween any parties to the instrument,] be calculated at the rate of six per centum per annum from \r\nthe date at which the same ought to have been paid by the party charged until tender or realization of \r\nthe amount due thereon or until such date after the institution of a suit to recover such amount as the \r\nCourt directs 6[ : ] \r\n \r\n \r\n1Ins. by the Negotiable Instruments (Amdt.) Ordinance, 1980 (61 of 1980), s. 3. \r\n2Subs by the Negotiable Instruments (Amdt.) Ordinanee, 1980 (61 of 1980), s, 3. for full stop. \r\n3Proviso added ibid. \r\n4Clause (c) ins. ibid. \r\n5Subs. by the Negotiable Instruments (Interest) Act, 1926 (30 of 1926) s. 2 for “except in cases provided for by the Code of Civil Procedure, section \r\n532”. \r\n6Subs. by Ord. 61 of 1980, s. 4 for full-stop. \r\n \r\nPage 30 of 44 \r\n \r\nl[Provided that in the case of an amount due on an instrument where the return is on bases \r\nother than interest return on the amount due, when no rate of return is specified in the instrument, \r\nshall be calculated at the following rate, and shall be allowed from the date it becomes due till the \r\ndate it is actually paid :— \r\n(a) in the case of return on the basis of mark-up in price, lease, hire-purchase or \r\nservice charges, at the contracted rate of mark-up, rental, hire or service \r\ncharges, as the case may be ; and \r\n(b) in the case of return on the basis of participation in profit and loss, at such rate \r\nas the Court may consider just and reasonable in the circumstances of the \r\ncase, keeping in view the profit-sharing agreement entered into between the \r\nbanking company and the judgement debtor when the loan was contracted.] \r\nExplanation.—When the party charged is the indorser of an instrument dishonoured by non-\r\npayment, he is liable to pay interest 2[or return in any other form, as the case may be,] only from the \r\ntime that he receives notice of the dishonour. \r\n \r\n81. Delivery of instrument on payment, or indemnity in case of loss. Any person liable to \r\npay, and called upon by the holder thereof to pay, the amount due on a promissory note, bill of ex-\r\nchange or cheque is before payment entitled to have it shown, and is on payment entitled to have it \r\ndelivered up, to him, or, if the instrument is lost or cannot be produced, to be indemnified against \r\nany further claim thereon against him. \r\n______________ \r\nCHAPTER VII \r\nOF DISCHARGE FROM LIABILITY ON NOTES, BILLS AND CHEQUES \r\n 82. Discharge from liability. The maker, acceptor or indorser respectively of a negotiable \r\ninstrument is discharged from liability thereon– \r\n(a) by cancellation; to a holder thereof who cancels such acceptor’s or indorser’s \r\nname with intent to discharge him, and to all parties claiming under such \r\nholder; \r\n(b) by release; to a holder thereof who otherwise discharges such maker, acceptor \r\nor indorser, and to all parties deriving title under such holder after notice of \r\nsuch discharge; \r\n(c) by payment. to all parties thereto, if the instrument is payable to bearer, or \r\nhas been indorsed in blank, and such maker, acceptor or indorser makes \r\npayment in due course of the amount due thereon. \r\n \r\n \r\n1Proviso ins. by the Negotiable Instruments (Amdt.) Ordinance, 1980 (61 of 1980), s. 4. \r\n2Ins. ibid. \r\n \r\nPage 31 of 44 \r\n \r\n83. Discharge by allowing drawee more than forty-eight hours to accept. If the holder of \r\na bill of exchange allows the drawee more than l[forty-eight] hours, exclusive of public holidays, to \r\nconsider whether he will accept the same, all previous parties not consenting to such allowance are \r\nthereby discharged from liability to such holder. \r\n2[84. When cheque not duly presented and drawer damaged thereby.—(1) Where a \r\ncheque is not presented for payment within a reasonable time of its issue, and the drawer or person \r\non whose account it is drawn had the right, at the time when presentment ought to have been made, \r\nas between himself and the banker, to have the cheque paid and suffers actual damage through the \r\ndelay, he is discharged to the extent of such damage, that is to say, to the extent to which such \r\ndrawer or person is a creditor of the banker to a larger amount than he would have been if such \r\ncheque had been paid. \r\n(2) In determining what is a reasonable time, regard shall be had to the nature of the \r\ninstrument, the usage of trade and of bankers, and the facts of the particular case. \r\n(3) The holder of the cheque as to which such drawer or person is so discharged shall be a \r\ncreditor, in lieu of such drawer or person, of such banker to the extent of such discharge and entitled \r\nto recover the amount from him.] \r\nIllustrations \r\n(a) A draws a cheque for Rs. 1,000, and, when the cheque ought to be presented \r\nhas funds at the bank to meet it. The bank fails before the cheque is presented. \r\nThe drawer is discharged, but the holder can prove against the bank for the \r\namount of the cheque. \r\n(b) A draws a cheque at 3[Sialkot] on a bank in 4[Quetta]. The bank fails before \r\nthe cheque could be presented in ordinary course. A is not discharged, for he \r\nhas not suffered actual damage through any delay in presenting the cheque. \r\n85. Cheque payable to order.—5[(1)] Where a cheque payable to order purports to be \r\nendorsed by or on behalf of the payee, the drawee is discharged by payment in due course. \r\n6[(2) Where a cheque is originally expressed to be payable to bearer, the drawee is discharged \r\nby payment in due course to the bearer thereof, notwithstanding any endorsement whether in full or \r\nin blank appearing thereon, and notwithstanding that any such endorsement purports to restrict or \r\nexclude further negotiation.] \r\n7[85A. Draft drawn by one branch of a bank on another payable to order. Where any \r\ndraft, that is, an order to pay money, drawn by one office of a bank upon another office of the same \r\nbank for a sum of money payable to order on demand, purports to be endorsed by or on behalf of the \r\npayee, the bank is discharged by payment in due course.] \r\n \r\n1Subs. by the Negotiable Instruments (Amdt.) Act, 1921 (12 of 1921 ), s. 2, for “ twenty-four”. \r\n2Subs. by the Negotiable Instruments Act, (Amendment) Act, 1897 (6 of 1897), s. 3, for the original section. \r\n3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3, and 2nd Sch., for “ Umballa” (with effect from the 14th October, \r\n1955). \r\n4Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1980 (27 of 1980), s. 3 and IInd Sch., for “Chittagong” which was subs. by Ord. 21 \r\nof 1960,s. 3 and 2nd Sch. for “ Calcutta” (with effect from the 14th October, 1955). \r\n5Section 85 re-numbered as sub-section (1) of section 85 by the Negotiable Instruments (Amdt.) Act, 1934 (17 of 1934), s. 2. \r\n6Sub-section (2) added, ibid. \r\n7Section 85A ins. by the Negotiable Instruments (Amdt.) Act, 1930 (25 of 1930), s.2. \r\n \r\nPage 32 of 44 \r\n \r\n86. Parties not consenting discharged by qualified or limited acceptance. If the holder of \r\na bill of exchange acquiesces in a qualified acceptance, or one limited to part of the sum mentioned \r\nin the bill, or which substitutes a different place or time for payment, or which, where the drawees \r\nare not partners, is not signed by all the drawees, all previous parties whose consent is not obtained \r\nto such acceptance are discharged as against the holder and those claiming under him, unless on \r\nnotice given by the holder they assent to such acceptance. \r\nExplanation.—An acceptance is qualified— \r\n \r\n(a) where it is conditional, declaring the payment to be dependent on the \r\nhappening of an event therein stated; \r\n \r\n(b) where it undertakes the payment of part only of the sum ordered to be paid; \r\n(c) where, no place of payment being specified on the order it undertakes the \r\npayment at a specified place, and not otherwise or elsewhere; or where, a \r\nplace of payment being specified in the order, it undertakes the payment at \r\nsome other place and not otherwise or elsewhere; \r\n \r\n(d) where it undertakes the payment at a time other than that at which under the \r\norder it would be legally due. \r\n87. Effect of material alteration. Any material alteration of a negotiable instrument renders \r\nthe same void as against anyone who is a party thereto at the time of making such alteration and does \r\nnot consent thereto, unless it was made in order to carry out the common intention of the original \r\nparties; \r\nAlteration by indorsee. and any such alteration, if made by an indorsee, discharges his \r\nindorser from all liability to him in respect of the consideration thereof.  \r\nThe provisions of this section are subject to those of sections 20, 49, 86 and 125. \r\n88. Acceptor indorser bound notwithstanding previous alteration. An acceptor or \r\nindorser of a negotiable instrument is bound by his acceptance or indorsement notwithstanding any \r\nprevious alteration of the instrument. \r\n \r\n89. Payment of instrument on which alteration is not apparent. Where a promissory note, \r\nbill of exchange or cheque has been materially altered but does not appear to have been so altered, \r\nor where a cheque is presented for payment which does not at the time of presentation appear \r\nto be crossed or to have had a crossing which has been obliterated, \r\npayment  thereof  by a person  or banker  liable  to pay,  and paying  the same  according  to \r\nthe apparent  tenor  thereof  at the time  of payment  and otherwise  in due course,  shall  \r\ndischarge  such  person  or banker  from  all liability  thereon;  and such  payment  shall not be \r\nquestioned by reason of the instrument having been altered or the cheque crossed. \r\n \r\n \r\nPage 33 of 44 \r\n \r\n1[90. Extinguishment of rights of action on bill in acceptor’s hands. The maker, drawer, \r\nacceptor or indorser of negotiable instrument is discharged from liability thereon when the person \r\nliable thereon as principal debtor becomes the holder thereof at or after its maturity. \r\n(2) When the holder of an accepted bill of exchange enters into any contract with the \r\nacceptor of the nature referred to in section 39, the other parties are discharged, unless the holder has \r\nexpressly reserved his right to charge them.] \r\n___________ \r\nCHAPTER VIII \r\nOF NOTICE OF DISHONOUR \r\n91. Dishonour by non-acceptance. A bill of exchange is said to be dishonoured by non-\r\nacceptance when the drawee, or one of several drawees not being partners, makes default in \r\nacceptance upon being duly required to accept the bill, or where presentment is excused and the bill \r\nis not accepted.  \r\nWhere the drawee is incompetent to contract, or the acceptance is qualified, the bill may be \r\ntreated as dishonoured. \r\n92. Dishonour by non-payment. A promissory note, bill of exchange or cheque is said to be \r\ndishonoured by non-payment when the maker of the note, acceptor of the bill or drawee of the \r\ncheque makes default in payment upon being duly required to pay the same. \r\n93. By and to whom notice should be given. When a promissory note, bill of exchange or \r\ncheque is dishonoured by non-acceptance or non-payment, the holder thereof, or some party thereto \r\nwho remains liable thereon, must give notice that the instrument has been so dishonoured to all other \r\nparties whom the holder seeks to make severally liable thereon, and to some one of several parties \r\nwhom he seeks to make jointly liable thereon. \r\n2[When a bill of exchange is dishonoured by non-acceptance the drawer or any indorser to \r\nwhom such notice is not given is discharged; but the rights of a holder in due course subsequent to \r\nthe omission to give notice shall not be prejudiced by that omission.  \r\nWhen a bill of exchange is dishonoured by non-acceptance and due notice of dishonour is \r\ngiven, it shall not be necessary to give notice of a subsequent dishonour by non-payment, unless the \r\nbill shall, in the meantime, have been accepted.] \r\nNothing in this section renders it necessary to give notice to the maker of the dishonoured \r\npromissory note or the drawee or acceptor of the dishonoured bill of exchange or cheque. \r\n \r\n94. Mode in which notice may be given. Notice of dishonour may be given to a duly \r\nauthorized agent of the person to whom it is required to be given, or, where he has died, to his legal \r\nrepresentative, or, where he has been declared an insolvent, to his assignee; may be oral or written; \r\nmay, if written, be sent by post ; and may be in any form; but it must inform the party to whom it is \r\ngiven, either in express terms or by reasonable intendment, that the instrument has been \r\ndishonoured, and in what way, and that he will be held liable thereon; and it must be given within a \r\nreasonable time after dishonour, at the place of business or (in case such party has no place of \r\nbusiness) at the residence of the party for whom it is intended.  \r\n \r\n1Subs. by the Negotiable Instruments (Amdt.) Ordinance 1962 (49 of 1962), s. 39, for the original section 90. \r\n2Ins. ibid., s.40. \r\n \r\nPage 34 of 44 \r\n \r\nIf the notice is duly directed and sent by post and misc arries, such miscarriage does not \r\nrender the notice invalid. \r\n95. Party receiving must transmit notice of dish onour. Any party receiving notice of \r\ndishonour must, in order to rende r any prior party liable to himself, give notice of dishonour to such \r\nparty within a reasonable time, unless such party otherwise receives due notice as provided by \r\nsection 93. \r\n96. Agent for presentment. When the instrument is deposited with an agent for presentment, \r\nthe agent is entitled to the same time to give notice to his principal as if he were the holder giving \r\nnotice of dishonour, and the principal is entitled to a further like period to give notice of dishonour. \r\n97. When party to whom notice given is dead. When the party to whom notice of \r\ndishonour is despatched is dead, but the party despatching the notice is ignorant of his death, the \r\nnotice is sufficient. \r\n98. When notice of dishonour is unnecessary. No notice of dishonour is necessary— \r\n(a) when it is dispensed with by the party entitled thereto; \r\n(b)  in order to charge the drawer when he has countermanded payment; \r\n(c)  when the party charged could not suffer damage for want of notice; \r\n(d)  when the party entitled to notice cannot after due search be found; or the party \r\nbound to give notice is, for any other reason, unable without any fault of his \r\nown to give it ; \r\n(e)  to charge the drawers when the acceptor is also a drawer; \r\n(f)  in the case of a promissory note which is not negotiable; \r\n(g)  when the party entitled to notice, knowing the facts, promises unconditionally \r\nto pay the amount due on the instrument. \r\n_________ \r\nCHAPTER IX \r\nOF NOTING AND PROTEST \r\n99. Noting. When a promissory note or bill of exchange has been dishonoured by non-\r\nacceptance or non-payment, the holder may cause such dishonour to be noted by a notary public \r\nupon the instrument, or upon a paper attached thereto, or partly upon each.  \r\nSuch note must be made within a reasonable time after dishonour, and must specify the date \r\nof dishonour, the reason, if any, assigned for such dishonour, or, if the instrument has not been \r\nexpressly dishonoured, the reason why the holder treats it as dishonoured, and the notary’s charges. \r\n100. Protest. When a promissory note or bill of exchange has been dishonoured by non-\r\nacceptance or non-payment, the holder may, within a reasonable time, cause such dishonour to be \r\nnoted and certified by a notary public. Such certificate is called a protest. \r\n \r\nPage 35 of 44 \r\n \r\nProtest for better security. When the acceptor of a bill of exchange has become insolvent, \r\nor his credit has been publicly impeached, before the maturity of the bill, the holder may, within a \r\nreasonable time, cause a notary public to demand better security of the acceptor, and on its being \r\nrefused may, within a reasonable time, cause such facts to be noted and certified as aforesaid. Such \r\ncertificate is called a protest for better security. \r\n101. Contents of protest. A protest under section 100 must contain— \r\n(a) either the instrument itself, or a literal transcript of the instrument and of \r\neverything written or printed thereupon; \r\n(b) the name of the person for whom and against whom the instrument has been \r\nprotested; \r\n(c) a statement that payment or acceptance, or better security, as the case may be,  \r\nhas been demanded of su ch person by the notary public; the terms of his \r\nanswer, if any, or a statement  that he gave no answer or that he could not \r\nfound; \r\n(d) when the note or bill has been dishonoured, the place and time of dishonour, \r\nand, when better security has been refused, the place and time of refusal; \r\n(e) the subscription of the notary public making the protest; \r\n(f) in the event of an acceptance for honour or of a payment for honour, the name \r\nof the person by whom, of the person for whom, and the manner in which, \r\nsuch acceptance or payment was offered and effected. \r\n1[A notary public may make t he demand mentioned in clause (c) of this section either in \r\nperson or by his clerk or, where authorized by agreement or usage, by registered letter.] \r\n102. Notice of protest. When a promissory note or bill of exchange is required by law to be \r\nprotested, notice of such protest must be given instead of notice of dishonour, in the same manner \r\nand subject to the same  conditions; but the notice may be given by the notary public who makes the \r\nprotest. \r\n103. Protest for non -payment after dishonour by non -acceptance. All bills of exchange \r\ndrawn payable at some other place than the place mentioned as the residence of the dr awee, and \r\nwhich are dishonoured by non -acceptance, may, without further presentment to the drawee, be \r\nprotested for non-payment in the place specified for payment, unless paid before or at maturity. \r\n104. Protest of foreign bills. Foreign bills of exchange must be protested for dishonour when \r\nsuch protest is required by the law of the place where they are drawn. \r\n \r\n2[104A. When noting equivalent to prot est. For the purposes of this Act, where a bill or \r\nnote is required to be protested within a specified time or before some further proceeding is taken, it \r\nis sufficient that the bill has been noted for protest before the expiration of the specified time or  the \r\nhas been demanded of such person by the notary public; the terms of his answer, if any, or a \r\nstatement that he gave no answer or that he could not be taking of the proceeding; and the formal \r\nprotest may be extended at any time thereafter as of the date of the noting. ] \r\n \r\n \r\n_____________ \r\n \r\n \r\n1Ins. by the Negotiable Instruments Act, 1885 (2 of 1885), s. 5. \r\n2Section 104A ins. ibid.,s.6. \r\n \r\nPage 36 of 44 \r\n \r\n \r\n \r\n \r\nCHAPTER X \r\nOF REASONABLE TIME \r\n105. Reasonable time. In determining what is a reasonable time for presentment for \r\nacceptance or payment, for giving notice of dishonour and for noting, regard shall be had to the \r\nnature of the instrument and the usual course of dealing with respect to similar instruments; and, in \r\ncalculating such time, public holidays shall be excluded. \r\n106. Reasonable time of giving notice of dishonour. If the holder and the party to whom \r\nnotice of dishonour is given carry on business or live (as the case may be) in different places, such \r\nnotice is given within a reasonable time if it is despatched by the next post or on the day next after \r\nthe day of dishonour.  \r\nIf the said parties carry on business or live in the same place, such notice is given within a \r\nreasonable time if it is despatched in time to reach its destination on the day next after the day of \r\ndishonour. \r\n107. Reasonable time for transmitting such notice. A party receiving notice of dishonour, \r\nwho seeks to enforce his right against a prior party, transmits the notice within a reasonable time if \r\nhe transmits it within the same time after its receipt as he would have had to give notice if he had \r\nbeen the holder. \r\n_________ \r\nCHAPTER XI \r\nOF ACCEPTANCE AND PAYMENT FOR HONOUR AND REFERENCE \r\nIN CASE OF NEED. \r\n \r\n108. Acceptance for honour. When a bill of exchange has been noted or protested for non-\r\nacceptance or for better security, any person not being a party already liable thereon may, with the \r\nconsent of the holder, by writing on the bill, accept the same for the honour of any party thereto.  \r\n1*   *   *   *   *   *   * \r\n \r\n109. How acceptance for honour must be made. A person desiring to accept for honour \r\nmust, 2[by writing on the bill under his hand,] declare that he accepts under protest the protested bill \r\nfor the honour of the drawer or of a particular indorser whom he names, or generally for honour;  \r\n3*  *  *. \r\n \r\n110. Acceptance not specifying for whose honour it is made. Where the acceptance does \r\nnot express for whose honour it is made, it shall be deemed to be made for the honour of the drawer. \r\n111. Liability of acceptor for honour. An acceptor for honour binds himself to all parties \r\nsubsequent to the party for whose honour he accepts to pay the amount of the bill if the drawee do \r\nnot: and such party and all prior parties are liable in their respective capacities to compensate the \r\nacceptor for honour for all loss or damage sustained by him in consequence of such acceptance. \r\n \r\n1The second paragraph of the section was rep. by the Negotiable Instruments Act, 1885 (2 of 1885), s. 7. \r\n2Subs. ibid., s. 8, for “in the presence of a notary public subscribe the bill with his own hand and”. \r\n3The words “and such declaration must be recorded by the notary in his register” rep. ibid. \r\n \r\nPage 37 of 44 \r\n \r\nBut an acceptor for honour is not liable to the holder of the bill unless it is presented, or (in \r\ncase the address given by such acceptor on the bill is a place other than the place where the bill is \r\nmade payable) forwarded for presentment, not later than the day next after the day of its maturity. \r\n112. When acceptor for honour may be charged. An acceptor for honour cannot be \r\ncharged unless the bill has at its maturity been presented to the drawee for payment, and has been \r\ndishonoured by him, and noted or protested for such dishonour. \r\n \r\n113. Payment for honour. When a bill of exchange has been noted or protested for non-\r\npayment, any person may pay the same for the honour of any party liable to pay the same, provided \r\nthat the person so paying 1[or his agent in that behalf] has previously declared before a notary public \r\nthe party for whose honour he pays, and that such declaration has been recorded by such notary \r\npublic. \r\n114. Right of payer for honour. Any person so paying is entitled to all the rights, in respect \r\nof the bill, of the holder at the time of such payment, and may recover from the party for whose \r\nhonour he pays all sums so paid, with interest thereon and with all expenses properly incurred in \r\nmaking such payment. \r\n115. Drawee in case of need. Where a drawee in case of need is named in a bill of exchange, \r\nor in any indorsement thereon, the bill is not dishonoured until it has been dishonoured by such \r\ndrawee. \r\n116. Acceptance and payment without protest. A drawee in case of need may accept and \r\npay the bill of exchange without previous protest. \r\n__________ \r\n \r\nCHAPTER XII \r\nOF COMPENSATION \r\n \r\n117. Rules as to compensation.  The compensation payable in case of dishonour of a \r\npromissory note, bill of exchange or cheque, by any party liable to the holder or any indorsee, shall \r\n2 *  *  *be determined by the following rules :— \r\n(a) the holder is entitled to the amount due upon the instrument, together with the \r\nexpenses properly incurred in presenting, noting and protesting it ; \r\n(b) when the person charged resides at a place different from that at which the \r\ninstrument was payable, the holder is entitled to receive such sum at the \r\ncurrent rate of exchange between the two places; \r\n(c)  an indorser who, being liable, has paid the amount due on the same is entitled \r\nto the amount so paid with interest at six per centum per annum from the date \r\nof payment until tender or realization thereof, together with all expenses \r\ncaused by the dishonour and payment; \r\n(d) when the person charged and such indorser reside at different places, the \r\nindorser is entitled to receive such sum at the current rate of exchange \r\nbetween the two places; \r\n \r\n1Ins. by the Negotiable Instruments Act, 1885 (2 of 1885), s.9. \r\n2Certain words were omitted by the Negotiable Instruments (Interest) Act, 1926 (30 of 1926), s.3. \r\n \r\nPage 38 of 44 \r\n \r\n (e) the party entitled to compensation may draw a bill upon the party liable to \r\ncompensate him, payable at sight or on demand, for the amount due to him, \r\ntogether with all expenses properly incurred by him. Such bill must be \r\naccompanied by the instrument dishonoured and the protest thereof (if any). If \r\nsuch bill is dishonoured, the party dishonouring the same is liable to make \r\ncompensation thereof in the same manner as in the case of the original bill. \r\n___________ \r\nCHAPTER XIII \r\nSPECIAL RULES OF EVIDENCE \r\n \r\n118. Presumptions as to negotiable instruments. Until the contrary is proved, the \r\nfollowing presumptions shall be made: \r\n \r\n(a) of consideration;  that every negotiable instrument was made or drawn for \r\nconsideration, and that every such instrument, when it has been accepted, \r\nindorsed, negotiated or t ransferred, was accepted, indorsed, negotiated or \r\ntransferred for consideration; \r\n(b)  as to date; that every negotiable instrument bearing a date was made or drawn \r\non such date; \r\n(c)  as to time of acceptance; that every accepted bill of exchange was accepted \r\nwithin a reasonable time after its date and before its maturity; \r\n(d)  as to time of transfer; that every transfer of a negotiable instrument was \r\nmade before its maturity; \r\n(e)  as to order of indorsement; that the indorsements appearing upon a \r\nnegotiable instrument were made in the order in which they appear thereon; \r\n(f)  as to stamp; that a lost promissory note, bill of exchange or cheque was duly \r\nstamped; \r\n(g)  that holder is a holder in due course. that the holder of a negotiable \r\ninstrument is a holder in due course: provided that, where the instrument has \r\nbeen obtained from its lawful owner, or from any person in lawful custody \r\nthereof, by means of an offence or fraud, or has been obtained from the maker \r\nor acceptor thereof by means of an offence or fraud, or for unlawful \r\nconsideration, the burthen of proving that the holder is a holder in due course \r\nlies upon him. \r\n119. Presumption on proof of protest. In a suit upon an instrument which has been \r\ndishonoured, the Court shall, on proof of the protest, presume the fact of dishonour, unless and until \r\nsuch fact is disproved. \r\n \r\nPage 39 of 44 \r\n \r\n120. Estoppel against denying o riginal validity of instrument. No maker of a promissory \r\nnote, and no drawer of a bill of exchange or cheque, and no acceptor of a bill of exchange for the \r\nhonour of the drawer, shall, in a suit thereon by a holder in due course, be permitted to deny the \r\nvalidity of the instrument as originally made or drawn. \r\n121. Estoppel against denying capacity of payee to indorse. No maker of a promissory \r\nnote and no acceptor of a bill of exchange l[payable to order] shall, in a suit thereon by a holder in \r\ndue course, be permitted to deny the payee’s capacity, at the date of the note or bill, to indorse the \r\nsame. \r\n122. Estoppel against denying signature or capacity of prior party. No indorser of a \r\nnegotiable instrument shall, in a suit thereon by a subsequent holder, be permitted to deny the \r\nsignature or capacity to contract of any prior party to the instrument. \r\n________ \r\n \r\nCHAPTER XIV \r\n2[SPECIAL PROVISIONS RELATING TO CHEQUES] \r\n \r\n3[122A. Revocation of banker’s authority. The duty and authority of a banker to pay a \r\ncheque drawn on him by his customer are determined by− \r\n(1) countermand of payment ; \r\n(2) notice of the customer’s death; \r\n(3) notice of adjudication of the customer as an insolvent.] \r\n \r\n123. Cheque crossed generally. Where a cheque bears across its face an addition of the \r\nwords “and company” or any abbreviation thereof, between two parallel transverse lines, or of two \r\nparallel transverse lines simply, either with or without the words “not negotiable”, that addition shall \r\nbe deemed a crossing and the cheque shall be deemed to be crossed generally. \r\n4[123A. Cheque crossed “account payee”. __ (1) Where a cheque crossed generally bears \r\nacross its face an addition of the words “account payee” between the two parallel transverse lines \r\nconstituting the general crossing, the cheque, besides being crossed generally, is said to be crossed \r\n“account payee”. \r\n \r\n(2) When a cheque is crossed “account payee”— \r\n(a)  it shall cease to be negotiable; and \r\n(b) it shall be the duty of the banker collecting payment of the cheque to credit the \r\nproceeds thereof only to the account of the payee named in the cheque.] \r\n \r\n \r\n1Subs. by the Negotiable Instruments (Amdt.) Act, 1919 (8 of 1919), s. 5, for “payable to, or to the order of, a specified person”. \r\n2Subs. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 41, for the original heading “OF CROSSED CHEQUES”. \r\n3Section 122A ins. ibid., s.42. \r\n4Section 123A ins. ibid., s. 43. \r\n \r\n \r\nPage 40 of 44 \r\n \r\n124. Cheque crossed specially. Where a cheque bears across its face an addition of the name \r\nof a banker, either with or without the words “not negotiable”, that addition shall be deemed a \r\ncrossing, and the cheque shall be deemed to be crossed specially, and to be crossed to that banker. \r\n125. Crossing after issue. Where a cheque is uncrossed, the holder may cross it generally or \r\nspecially.  \r\nWhere a cheque is crossed generally, the holder may cross it specially. \r\nWhere a cheque is crossed generally or specially, the holder may add the words “not \r\nnegotiable”. \r\nWhere a cheque is crossed specially, the banker to whom it is crossed may again cross it \r\nspecially to another banker, his agent, for collection. \r\nl[When an uncrossed cheque, or a cheque crossed generally, is sent to a banker for collection, \r\nhe may cross it specially to himself.] \r\n2[125A. Crossing a material part of a cheque. A crossing authorized by this Act is a \r\nmaterial part of the cheque; it shall not be lawful for any person to obliterate, or, except as \r\nauthorized by this Act, to add to or alter, the crossing.] \r\n126. Payment of cheque crossed generally. Where a cheque is crossed generally, the banker \r\non whom it is drawn shall not pay it otherwise than to a banker. \r\nPayment of cheque crossed specially. Where a cheque is crossed specially, the banker on \r\nwhom it is drawn shall not pay it otherwise than to the banker to whom it is crossed, or his agent for \r\ncollection. \r\n127. Payment of cheque crossed specially more than once. Where a cheque is crossed \r\nspecially to more than one banker, except when crossed to an agent for the purpose of collection, the \r\nbanker on whom it is drawn shall refuse payment thereof. \r\n128. Payment in due course of crossed cheque. Where the banker on whom a crossed \r\ncheque is drawn 3[in good faith and without negligence pays it, if crossed generally, to a banker, and \r\nif crossed specially, to the banker to whom it is crossed or his agent for collection, being a banker], \r\nthe banker paying the cheque, and (in case such cheque has come to the hands of the payee) the \r\ndrawer thereof, shall respectively be entitled to the same rights, and be placed in the same position in \r\nall respects, as they would respectively be entitled to and placed in if the amount of the cheque had \r\nbeen paid to and received by the true owner thereof. \r\n129. Payment of crossed cheque out of due course. Any banker paying a cheque crossed \r\ngenerally otherwise than to a banker, or a cheque crossed specially otherwise than to the banker to \r\nwhom the same is crossed, or his agent for collection, being a banker, shall be liable to the true \r\nowner of the cheque for any loss he may sustain owing to the cheque having been so paid 4[ : ] \r\n \r\n1New paragraph ins. by the Negotiable Instruments (Amdt.) Ordinance, 1962(49 of 1962), s. 44. \r\n2Section 125A ins. ibid., s. 45. \r\n3Subs. ibid., s. 46, for “ has paid the same in due course”. \r\n4Subs. ibid., s. 47, for the full-stop. \r\n \r\nPage 41 of 44 \r\n \r\n1[Provided that where a cheque is presented for payment which does not at the time of \r\npresentment appear to be crossed, or to have had a crossing which has been obliterated, added to or \r\naltered otherwise than as authorized by this Act, the banker paying the cheque in good faith and \r\nwithout negligence shall not be responsible or incur any liability nor shall the payment be \r\nquestioned, by reason of the cheque having been crossed, or of the crossing having been obliterated \r\nor having been added to or altered otherwise than as authorized by this Act, and of payment having \r\nbeen made otherwise than to a banker or to the banker to whom the cheque is or was crossed, or to \r\nhis agent for collection, being a banker, as the case may be.] \r\n130. Cheque bearing “not nego tiable”. A person taking a cheque crossed generally or \r\nspecially, bearing in either case the words “not nego tiable,” shall not have, and shall not be capable \r\nof giving, a better title to the cheque than that which the person from whom he took it had. \r\n131. Non-liability of banker receiving payment of cheque. 2[Subject to the provisions of \r\nthis Act relating to che ques crossed “ account payee” , where a banker in good faith and without \r\nnegligence receives payment for a customer of a cheque crossed generally or specially to himself, \r\nand the customer has no title or a defective title thereto, the banker shall not, incur any liability to the \r\ntrue owner of the cheque by reason only of having received such payment.] \r\n3[Explanation.__ A banker receives payment of a cr ossed cheque for a customer within the \r\nmeaning of this section notwithstanding that he credits his customer’s account with the amount of \r\nthe cheque before receiving payment thereof.] \r\n4[131A. Application of Chapter to drafts. The provisions of this Chapter shall apply to any \r\ndraft, as defined in section 85A, as if the draft were a cheque.] \r\n5[131B. Protection to banker crediting cheque crossed “account payee”. Where a cheque \r\nis delivered for collection to a banker which does not at the time of such delivery appear to be \r\ncrossed “account payee”, or to have had a crossing “account payee” which has been obliterated or \r\naltered, the banker, in g ood faith and without negligence collecting payment of the cheque and \r\ncrediting the proceeds thereof to a customer, shall not incur any liability by reason of the cheque \r\nhaving been crossed “account payee”, or of such crossing having been obliterated or altered, and of \r\nthe proceeds of the cheque having been credited to a person who is not the payee thereof. \r\n131C. Cheque not operating as assignment of funds. A cheque, of itself, does not operate \r\nas an assignment of any part of the funds to the credit of the drawer with the banker.] \r\n \r\n \r\n \r\n \r\n1Proviso added by the Negotiable Instruments (Amdt.) Ordinance, 1962(49 of 1962), s.47. \r\n2Subs. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 48, for the original paragraph. \r\n3 Explanation ins. by the Negotiable Instrument (Amdt.) Act, 1922 (18 of 1922), s. 2. \r\n4 Section 131A was added by the Negotiable Instruments (Amdt.) Act,1947 (33 of 1947), s. 2. \r\n5 Sections 131B and 131C ins. by Ord. 49 of 1962, s. 49. \r\n \r\n \r\nPage 42 of 44 \r\n \r\nCHAPTER XV \r\nl[SPECIAL PROVISIONS RELATING TO BILLS OF EXCHANGE] \r\n2[131D. Several drawees. A bill of exchange may be addressed to two or more drawees, \r\nwhether they are partners or not; but an order addressed to two drawees, in the alternative, or to two \r\nor more drawees in succession, is not a bill of exchange. \r\n \r\n131E. In whose favour a bill may be drawn. A bill of exchange may be drawn payable to, \r\nor to the order of, the drawer; or it may be drawn payable to, or to the order of, the drawee. \r\n131F. When presentment for acceptance is necessary. A bill of exchange, in order to fix \r\nthe acceptor with liability, must be presented for acceptance before it is presented for payment. \r\nl31G. When presentment excused. Presentment for acceptance is excused, and a bill of \r\nexchange may be treated as dishonoured by non-acceptance― \r\n(a) where the drawee is dead or is insolvent or is a fictitious person or a person \r\nnot having capacity to contract by bill of exchange; \r\n(b) where, at the due date for presentment, the drawee cannot, after reasonable \r\nsearch, be found at the place at which the bill is to be presented; \r\n(c)  where, after the exercise of reasonable diligence such, presentment cannot be \r\neffected; \r\n(d)  where, although the presentment has been irregular, acceptance has been \r\nrefused on some other ground. \r\n131H. Holder’s right of recourse against drawer and indorsers. Subject to the provisions \r\nof this Act, when a bill of exchange is dishonoured by non-acceptance, an immediate right of \r\nrecourse against the drawer and indorsers accrues, to the holder, and no presentment for payment is \r\nnecessary. \r\n131I. Holder may refuse qualified acceptance. The holder of a bill of exchange may refuse \r\nto take a qualified acceptance, and if he does not obtain an unqualified acceptance may treat the bill \r\nas dishonoured by non-acceptance.] \r\n132. Set of bills. Bills of exchange may be drawn in parts, each part being numbered and \r\ncontaining a provision that it shall continue payable only so long as the others remain unpaid. All the \r\nparts together make a set; but the whole set constitutes only one bill, and is extinguished when one \r\nof the parts, if a separate bill, would be extinguished. \r\nException.___ When a person accepts or indorses different parts of the bill in favour of \r\ndifferent persons, he and the subsequent indorsers of each part are liable on such part as if it were a \r\nseparate bill. \r\n \r\n \r\n1 Subs. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962), s. 50, for the original heading “OF BILLS IN SETS”. \r\n2Sections 131D, 131E, 131F,131G, 131H and 131I, ins. ibid,. s. 51. \r\n \r\nPage 43 of 44 \r\n \r\n133. Holder of first acquired part entitled to all. As between holders in due course of \r\ndifferent parts of the same set he who first acquired title to his part is entitled to the other parts and \r\nthe money represented by the bill. \r\n____________ \r\nCHAPTER XVI \r\n \r\nOF INTERNATIONAL LAW \r\n \r\n1[134. Law governing liability of parties to a foreign instrument. In the absence of a \r\ncontract to the contrary and subject to the provisions of section 136, in the case of a foreign \r\npromissory note, bill of exchange or cheque,― \r\n(a) the law of the place where the instrument was made or drawn, or accepted or \r\nnegotiated shall determine― \r\n (i)  the capacity of the parties ; and \r\n(ii) the validity of the instrument or, as the case may be, of its acceptance \r\nor negotiation: \r\nProvided that such instrument shall not be invalid or inadmissible in \r\nevidence by reason only that it was not stamped or not sufficiently stamped \r\naccording to the law of the place where it was made or drawn ; \r\n \r\n(b) the law of the place where such instrument is payable shall determine,— \r\n(i) the liability of all parties thereto; \r\n(ii) the duties of the holder with respect to presentment for acceptance or \r\npayment; \r\n(iii)  the date of maturity of the instrument; \r\n(iv)  what constitutes dishonour ; \r\n(v)  the necessity for and sufficiency of a protest or notice of dishonour ; \r\n(vi)  all questions relating to payment and satisfaction including the \r\ncurrency in which and the rate of exchange at which the instrument is \r\nto be paid.] \r\n \r\nIllustration \r\nA bill of exchange was drawn by A in California, where the rate of interest is 25 per cent., \r\nand accepted by B, payable in Washington, where the rate of interest is 6 per cent. The bill is \r\nendorsed in 2[Pakistan], and is dishonoured. An action on the bill is brought against B in 2[Pakistan]. \r\nHe is liable to pay interest at the rate of 6 percent only; but, if A is charged as drawer, A is liable to \r\npay interest at the rate of 25 per cent. \r\n \r\n1Subs. by the Negotiable Instmments (Amdt.) Ordinance, 1962 (49 of 1962), s. 52, for the original section 134. \r\n2 Subs. by the Negotiable Instruments (Amdt.) Act, 1957 (5 of 1958), s.6 (with effect from the 14th October, 1955), for “the Provinces and the Capital \r\nof the Federation” which had been subs. by A. O., 1949, Arts. 3 (2) and 4, for “Britith India” . \r\n \r\nPage 44 of 44 \r\n \r\n135. [Law of place of payment governs dishonour.] Omitted by the Negotiable Instruments \r\n(Amdt.) Ordinance, 1962 (XLIX of 1962) s. 53. \r\n136. Instrument made, etc., outside Pakistan, but in accordance with their Law. If a \r\nnegotiable instrument is made, drawn, accepted or indorsed l[outside 2[Pakistan]], but in accordance \r\nwith the law of 2[Pakistan], the circumstance that any agreement evidenced by such instrument is \r\ninvalid according to the law of the country wherein it was entered into does not invalidate any \r\nsubsequent acceptance or indorsement made thereon 3[within 2[Pakistan]]. \r\n137. Presumption as to foreign law. The law of any 4* * * foreign country regarding \r\npromissory notes, bills of exchange and cheques shall be presumed to be the same as that of \r\n2[Pakistan], unless and until the contrary is proved. \r\n________ \r\n \r\n5[ CHAPTER XVII \r\nNOTARIES PUBLIC \r\n138. Power to appoint notaries public. The 6[Federal Government] may, from time to time, \r\nby notification in the official Gazette, appoint any person, by name or by virtue of his office, to be a \r\nnotary public under this Act and to exercise his functions as such with in any local area, and may, by \r\nlike notification, remove from office any notary public appointed under this Act. \r\n7139. Power to make rules for notaries public. The 6[Federal Government] may, from time \r\nto time, by notification in the official Gazette, make rules consistent with this Act for the guidance \r\nand control of notaries public appointed under this Act, and may, by such rules (among other \r\nmatters) fix the fees payable to such notaries.] \r\n_________ \r\n \r\n SCHEDULE.―[Enactments repealed.] Rep. by the Amending Act, 1891 (XII of 1891). \r\n \r\n_________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by A.O., 1949, Sch., read with Art. 4, for “out of British India”. \r\n2Subs. by the Negotiable Instruments (Admt.) Act, 1957 (5 of 1958), s. 6, for “the Provinces and the Capital of the Federation” (with effect from the \r\n14th October, 1955). \r\n3Subs. by A.O., 1949, Sch., read with Art. 4, for “in British India”. \r\n4The words “Acceding State or” which were ins. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and 3rd Sch., omitted by \r\nAct No.5 of 1958, s. 6 (with effect from the 14th October, 1955). \r\n5Ch. XVII was added by the Negotiable Instruments Act, 1885 (2 of 1885), s. 10. \r\n6Subs. by F.A.O., 1975, Art. 2 and Table for “Central Government” which was subs. by A.O., 1937, for” L.G.” which has been subs., for” G.G. in C” \r\nby the Decentralization Act, 1914 (4 of 1914), s. 2 and Sch., Part I. \r\n7For rules under this section, see Notification No. 1433, dated 30th September, 1886, Gazette of India, 1886. Part I, p.548.",
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