Types of Dishonour

1. Dishonour by Non-Acceptance

This is specified in Section 91. Dishonor by non-acceptance is the refusal to accept a negotiable instrument. In addition, it is not accepted in the event of an exchange. This is because it is the only negotiable instrument that requires an offer in order to be accepted or rejected. In the case of dishonor owing to non-acceptance, only the manufacturers and endorsers are accountable to the bill holder if the holder sends notice of dishonor.

The following are some of the scenarios that might result in dishonest invoice approval:.

  • If the receiver does not accept it within 48 days of being raised for acceptance.
  • If it is used as a pretense for presenting, the invoice will not be accepted.
  • If the borrower lacks the necessary qualifications to enter into the contract.
  • If we cannot locate the receiver after a thorough search.
  • If the lottery winner is not a real person.
  • If the proof is valid.

2. Dishonour by Non-Payment

This falls under Section 92. This signifies that a promissory note, such as a check or bill of exchange, has been dishonored since the creator of the note, acceptor of the bill, or drawee of the check failed to pay when he was required to do so. A promissory note, bill, or check is dishonoured if the creator, drawee, or acceptor of the cheque fails to make payment when needed. Furthermore, a holder of a promissory note or bill may declare it dishonoured if the creator or acceptor expressly excuses the presentation of payment when payment is past due. It is critical to understand that all bill endorsers and makers are accountable to the holder in the event of bill dishonor, provided the holder issues a notification of dishonor. It should be noted that a drawee is only accountable to the holder if he or she fails to pay.

Dishonour of Negotiable Instruments: Types, Effects & Notice

Negotiable Instruments Act 1881 is the most significant law in India regulating negotiable instruments. It governs instruments such as promissory notes, bills of exchange, and cheques, which are necessary for effective company operations. Negotiable Instruments are critical in commercial transactions because they provide a simple, portable, and enforceable mode of payment for the exchange of goods and services. However, it is critical to comprehend the nuances of Dishonor of Negotiable Instruments. Individuals and organizations engaged in financial transactions must be able to discern between these two notions in order to properly navigate the complexity of commercial law. In this article, we will discuss dishonour of negotiable instruments.

Geeky Takeaways:

  • A negotiated instrument is a written contract that promises a specific payment to a defined person or holder of the instrument.
  • The Negotiable Instruments Act 1881 created a legislative framework for all types of negotiable instruments.
  • Dishonour of Negotiable Instruments refers to a person’s incapacity or reluctance to honor a negotiable document, such as a promissory note or cheque.
  • The act provides legal avenues for parties to protect their rights and seek resolution in the event of dishonour-related disputes or breaches, as well as to ensure justice and responsibility.

Table of Content

  • Dishonour of a Negotiable Instrument
  • Types of Dishonour
  • Effects of Dishonour
  • Notice of Dishonour
  • Notice to Whom?
  • Mode of Giving Notice
  • Noting under Negotiable Instruments Act
  • Protest under Negotiable Instruments Act
  • Conclusion
  • Dishonour of Negotiable Instruments- FAQs

Similar Reads

Dishonour of a Negotiable Instrument

Dishonor of Negotiable Instruments refers to a person’s incapacity or reluctance to honor a negotiable document, such as a promissory note or cheque. Some probable reasons for the dishonor of negotiable instruments include a stop-payment order, insufficient funds, or a mismatch between the agreement’s provisions and the instrument itself. Dishonored negotiable instruments typically result in certain legal fines and actions, depending on the country and kind of instrument. Following are the objectives of dishonoring a negotiable instrument....

Types of Dishonour

1. Dishonour by Non-Acceptance...

Effects of Dishonour

On dishonor by non-acceptance, the holder has the right to sue all parties involved, even if the bill has not matured. If the negotiable document is dishonored for whatever reason, the other parties involved are held liable....

Notice of Dishonour

1. The notification of refusal to pay or accept the document must be issued immediately to the persons whom the holder wishes to hold accountable....

Notice to Whom?

The notice can be given to:...

Mode of Giving Notice

Notice can be provided orally, in writing, or in a combination of both. Any form can be used for this purpose; however, it must explicitly or implicitly tell the parties to whom the notice is being served. It should be emphasized that a written notification is delivered via post....

Noting under Negotiable Instruments Act

When a promissory note or bill of exchange is dishonoured due to non-acceptance or non-payment, the holder may have it documented by a notary public on the instrument, a paper attached to it, or both. Such a note must be written within a reasonable period following dishonor and must include the date of dishonor, the cause, if any, assigned for such dishonor, or, if the instrument has not been formally dishonoured, the reason why the holder considers it dishonoured, and the notary’s fees....

Protest under Negotiable Instruments Act

As specified under Section 100 of the Negotiable Instruments Act 1881, when a promissory note or bill of exchange is dishonoured due to non-acceptance or non-payment, the holder may, within a reasonable period, have the dishonor documented and confirmed by a notary public. Such a certificate is known as a Protest....

Conclusion

In summary, dishonoring Negotiable Instruments under the Negotiable Instruments Act has significant legal repercussions and serves as a protection for financial transaction integrity. The act explicitly defines what occurs when negotiable instruments, such as promissory notes and cheques, are dishonoured. It highlights the importance of keeping one’s word while making financial commitments and maintaining the integrity of negotiable instruments in commercial transactions. The Act improves the overall efficacy and dependability of financial transactions by addressing dishonor. It supports the essential ideals of fairness and good faith, creating a business environment in which parties feel comfortable conducting financial transactions. Simply expressed, the Negotiable Instruments Act is critical to preserving the legality and reliability of negotiable instruments, which in turn contributes to the financial system’s stability and confidence....

Dishonour of Negotiable Instruments- FAQs

Which act covers the provision regarding the dishonor of negotiable instruments?...