Holder of first acquired part entitled to
Section 133 of the Negotiable Instruments Act, 1881 deals with holder of first acquired part entitled to. As between holders in due course of different parts of the same set, he who first acquired title to his part is entitled to the other parts and the money represented by the bill. The Act came into force on 01 Mar 1882.
As between holders in due course of different parts of the same set, he who first acquired title to his part is entitled to the other parts and the money represented by the bill.
Section 133, The Negotiable Instruments Act, 1881 (Act 26 of 1881).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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R. Mohan vs A. K. Vijaya Kumar
Court's Decision & Legal Precedent
The court possesses the inherent power and authority under Sections 357(3), 421, and 431 of the Criminal Procedure Code, read in conjunction with Section 64 of the Indian Penal Code, to impose a sentence of imprisonment in default of payment of compensation ordered by it. This power is not ancillary to other sentences but stands independently and is essential to the efficacy of compensation orders. Without such enforcement mechanism, compensation orders would be rendered illusory and the purpose of providing relief to crime victims would be frustrated. Therefore, a sentence in default of payment of compensation is legally valid and enforceable.
On this section: Statutory notice requirement in cheque dishonor cases; complainant issued statutory notice to accused
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A. K. Vijaya Kumar vs R. Mohan
Court's Decision & Legal Precedent
When a court imposes a sentence of imprisonment without a fine component under Section 357(3) of the Code of Criminal Procedure, it possesses the legal power and authority to award an alternative sentence of imprisonment in default of payment of the compensation amount ordered by that court, because (1) such power is necessary to give effect to Section 357(3)'s objective of ensuring victim compensation is not rendered illusory; (2) the absence of an enforcement mechanism with deterrent effect would frustrate the entire purpose of the compensation order; (3) Section 431 of CrPC puts compensation awards on par with fines for recovery purposes, and since Section 64 of IPC permits default imprisonment for non-payment of fines, the same principle applies to compensation; (4) the court may impose a reasonable compensation amount and provide reasonable time for payment, enforcing the order by imposing a default sentence, thereby ensuring both victim relief and proportionate deterrence against the offender.
On this section: Provides for statutory notice to be issued by cheque holder to drawer. Complainant issued such notice; accused's reply to the notice was examined as evidence (Ex-P8).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 133
What have the courts held on Section 133 of the Negotiable Instruments Act?
R. Mohan vs A. K. Vijaya Kumar (03 Jul 2012) is the leading judgment on this section among those set out below: Statutory notice requirement in cheque dishonor cases; complainant issued statutory notice to accused. Another 1 judgment on this section is set out below, all of them from the Supreme Court.
How do I find court cases under Section 133 of the Negotiable Instruments Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: NI Act 133, section 133 NI Act, section 133 of the Negotiable Instruments Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with R. Mohan vs A. K. Vijaya Kumar (03 Jul 2012).
When did Section 133 of the Negotiable Instruments Act come into force?
Section 133 of the Negotiable Instruments Act, cited as NI Act 133, came into force on 01 Mar 1882, having been enacted on 09 Dec 1881. It is in force as at the date shown on this page.
Other sections of this Act
- 138. Dishonour of cheque for insufficiency, etc., of funds in the account312 words
- 142A. Validation for transfer of pending cases299 words
- 143. Power of Court to try cases summarily297 words
- 143A. Power to direct interim compensation291 words
- 142. Cognizance of offences290 words
- 141. Offences by companies287 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.