(i) Kanika purchased various cosmetic products worth - 15,000 during the last week from Kartik, a shopkeeper, on credit of one month. After a…

CA Foundation · Business Laws · MTP · April 2025
(i) Kanika purchased various cosmetic products worth - 15,000 during the last week from Kartik, a shopkeeper, on credit of one month. After a fortnight, she makes out a blank promissory note, signed it and delivered to Kartik who further endorsed it to Manish for the payment of his dues. Manish, who is holder in due course, filled up the due amount of 17,000 from Kartik and on maturity presented it to Kanika for payment but she refused to pay because the amount filled up is more than the agreed amount of 15,000. It is to be noted that the amount of 17,000 is covered by the stamp affixed on it. Referring to the provisions of the Negotiable Instruments Act, 1881 decide, whether Kanika is liable to honour the promissory note to Manish for 17,000? (ii) Nisha, a small business owner, receives a bill of exchange from her customer, Neeraj, which is due for payment on October 15th. On October 12th, Nisha presents the bill of exchange for payment at Neeraj's office during regular business hours, but Neeraj is not present. Nisha leaves the bill with Neeraj's assistant, requesting to be presented to Neeraj for payment when he returns. However, Neeraj's assistant forgot to give the bill, and Neeraj does not make the payment by the due date, and the bill is dishonoured. Based on the provisions of the Negotiable Instruments Act, 1881, examine whether Nisha's presentation of the bill of exchange to Neeraj's assistant.

Suggested Answer and Working Notes:

(i) Section 20 of the Negotiable Instruments Act, 1881 reads as “Where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instruments then in force in India, and either wholly blank or having written thereon an incomplete negotiable instrument, he thereby gives prima facie authority to the holder thereof to make or complete, as the case may be, upon it a negotiable instrument, for any amount specified therein and not exceeding the amount covered by the stamp. The person so signing shall be liable upon such instrument, in the capacity in which he signed the same, to any holder in due course for such amount. Provided that no person other than a holder in due course shall recover from the person delivering the instrument anything in excess of the amount intended by him to be paid thereunder”. In the instant case, Kanika is not liable to honour the promissory note to Manish for 17000. She is liable only for 15000. (ii) Presentment for payment [Section 64 of the Negotiable Instruments Act, 1881] As per section 64 of the Negotiable Instruments Act, 1881, promissory notes, bill of exchange and cheques must be presented for payment to the maker, acceptor or drawee thereof respectively, by or on behalf of the holder as hereinafter provided. In default of such presentment, the other parties thereto are not liable thereon to such holder. So, presentment for payment must be made to the person primarily liable on the instrument, or in their absence, at the proper place during the usual business hours. In this case, Nisha presented the bill at Neeraj’s office during regular business hours, but since Neeraj was not present, she left the bill with his assistant. While leaving the bill with the assistant might be considered a practical step, it does not fulfil the strict legal requirement of presenting the bill directly to the drawee (Neeraj) or his authorised representative for payment. Therefore, the presentation of the bill by Nisha to Neeraj’s assistant is not valid under law.

Topics: The Negotiable Instruments Act, 1881

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