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Chapter 17: The Negotiable Instruments Act, 1881

Chapter XVII: Of Penalties in Case of Dishonour of Certain Cheques for Insufficiency of Funds in the Accounts Section 138: Dishonour of cheque for insufficiency, etc., of funds in the account This is the central provision making cheque bouncing a criminal offence punishable by imprisonment or fine. 1. The Offence Defined (Three Conditions): 2. Punishment: […]

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Chapter 14: The Negotiable Instruments Act, 1881

Chapter XIV: Of Crossed Cheques Section 123: Cheque crossed generally This section defines the most common form of security crossing, where payment must be handled through a bank. 1. General Crossing Definition: Section 124: Cheque crossed specially This section defines a crossing that is even more restrictive, directing the payment to a specific bank only.

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Chapter 13: The Negotiable Instruments Act, 1881

Chapter XIII: Special Rules of Evidence Section 118: Presumptions as to negotiable instruments This critical section lists the assumptions that a court must make about an instrument unless there is evidence presented to prove otherwise. 1. Presumption of Consideration (Clause a): 2. Presumption as to Date (Clause b): 3. Presumption as to Time of Acceptance

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Chapter 12: The Negotiable Instruments Act, 1881

Chapter XII: Of Compensation Section 117: Rules as to compensation This section defines the rules for calculating the total financial amount owed to a party (the compensation) when an instrument is dishonoured. 1. Holder’s Compensation (Clause a): 2. Exchange Rate Compensation (Clause b): 3. Indorser’s Compensation (Clause c): 4. Indorser’s Exchange Rate Compensation (Clause d):

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Chapter 10: The Negotiable Instruments Act, 1881

Chapter X: Of Reasonable Time Section 105: Reasonable time This section provides the general factors used to decide if an action was done within a legal timeframe. 1. Factors for Determining Time: 2. Excluding Holidays: Section 106: Reasonable time of giving notice of dishonour This section provides specific rules for notification based on the distance

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Chapter 9: The Negotiable Instruments Act, 1881

Chapter IX: Of Noting and Protest Section 99: Noting This section introduces Noting, the first official step taken by a public notary to certify dishonour. 1. Optional Notary Certification: 2. Content of Noting: 3. Noting in Case of Evasion: Section 100: Protest This section introduces Protest, which is the formal, detailed, notarized certificate of dishonour.

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Chapter 8: The Negotiable Instruments Act, 1881

Chapter VIII: Of Notice of Dishonour Section 91: Dishonour by non-acceptance This section defines exactly what constitutes a Bill of Exchange being dishonoured when it is first presented for acceptance. 1. Default on Acceptance: 2. Excuse for Non-Presentment: 3. Incompetence or Qualified Acceptance: Section 92: Dishonour by non-payment This section defines what constitutes a Bill,

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Chapter 7: The Negotiable Instruments Act, 1881

Chapter VII: Of Discharge from Liability on Notes, Bills, and Cheques Section 82: Discharge from liability This section lists the three main ways a party’s obligation on an instrument is cancelled. 1. Discharge by Cancellation (Clause a): 2. Discharge by Release (Clause b): 3. Discharge by Payment (Clause c): Section 83: Discharge by allowing drawee

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