Holder's right to duplicate of lost bill
Section 45A of the Negotiable Instruments Act, 1881 deals with holder's right to duplicate of lost bill. [Where a bill of exchange has been lost before it is over-due, the person who was the holder of it may apply to the drawer to give him another bill of the same tenor, giving security to the drawer, if required, to indemnify him against all persons whatever in case the bill alleged to have been lost The Act came into force on 01 Mar 1882.
1[Where a bill of exchange has been lost before it is over-due, the person who was the holder of it may apply to the drawer to give him another bill of the same tenor, giving security to the drawer, if required, to indemnify him against all persons whatever in case the bill alleged to have been lost shall be found again.
If the drawer on request as aforesaid refuses to give such duplicate bill, he may be compelled to do so.]
Section 45A, 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.
-
S. B. I vs Soya Udyog LTD
Court's Decision & Legal Precedent
Where Section 45A of the Negotiable Instruments Act, 1881 requires furnishing of security in addition to indemnity bond for issuance of duplicate bills of exchange, the drawer (bank) is not negligent or deficient in service under the Consumer Protection Act, 1986 for insisting on such statutory requirement. The statutory mandate for security protection supersedes any claim of deficiency in service.
On this section: The court interpreted Section 45A to require furnishing of security in addition to indemnity bond to indemnify the drawer against all persons if the lost bill is found again. The court held that the respondent failed to comply with this requirement by furnishing indemnity bond only.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… are that the petitioner is an accused person in a matter filed by the respondent (complainant) before the Court of JMFC Gwalior under the provisions of Section 138 of the Negotiable Instruments Act. In that case, at the stage of defence evidence, accused person had moved an application under Section 45 read with Section 45A of the Evidence Act to refer the said Negotiable Instruments Act for examination in the hands of an expert in relation to the writing on the cheque regarding amount, name, ete. This application was rejected by JMFC Gwalior and thereafter revision was filed; that too has been rejected. This Court has perused the …
Questions about Section 45A
What have the courts held on Section 45A of the Negotiable Instruments Act?
S. B. I vs Soya Udyog LTD (21 Nov 2002) is the leading judgment on this section among those set out below: The court interpreted Section 45A to require furnishing of security in addition to indemnity bond to indemnify the drawer against all persons if the lost bill is found again. The court held that the respondent failed to comply with this requirement by furnishing indemnity bond only.
How do I find court cases under Section 45A 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 45A, section 45A NI Act, section 45A of the Negotiable Instruments Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with S. B. I vs Soya Udyog LTD (21 Nov 2002).
When did Section 45A of the Negotiable Instruments Act come into force?
Section 45A of the Negotiable Instruments Act, cited as NI Act 45A, 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 15 Oct 2026. This page is not a substitute for legal advice.