Presentment for payment
Section 64 of the Negotiable Instruments Act, 1881 deals with presentment for payment. ] Promissory notes, bills 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. The Act came into force on 01 Mar 1882.
2[(1)] Promissory notes, bills 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.
1[Where authorized by agreement or usage, a presentment through the post office by means of a registered letter is sufficient.]
Exception.--Where a promissory note is payable on demand and is not payable at a specified place, no presentment is necessary in order to charge the maker thereof.
3[(2) Notwithstanding anything contained in section 6, where an electronic image of a truncated cheque is presented for payment, the drawee bank is entitled to demand any further information regarding the truncated cheque from the bank holding the truncated cheque in case of any reasonable suspicion about the genuineness of the apparent tenor of instrument, and if the suspicion is that of any fraud, forgery, tampering or destruction of the instrument, it is entitled to further demand the presentment of the truncated cheque itself for verification:
Provided that the truncated cheque so demanded by the drawee bank shall be retained by it, if the payment is made accordingly.]
Section 64, The Negotiable Instruments Act, 1881 (Act 26 of 1881).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
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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Britania Industries LTD vs Punjab National Bank
Court's Decision & Legal Precedent
The validity and enforceability of a bill of exchange depends on: (1) proof of its lawful execution by competent parties with requisite authority, (2) mandatory presentment to the named acceptor as required by Section 64 of the Negotiable Instruments Act, and (3) the acceptor being the party against whom liability is sought. When a bill of exchange is alleged to be fraudulent, the burden lies on the party claiming to be the legitimate holder to prove execution and validity. The co-acceptance by an unauthorized person or acting beyond the scope of authority does not bind the entity on whose behalf such person purports to act. Furthermore, failure to present the bill to the named acceptor absolves all other parties of liability, making presentment a condition precedent to the liability of such other parties.
On this section: The Court held that Section 64 mandates presentment of a bill of exchange for payment to the acceptor. The words 'must be' clearly express the legislative intent that presentment is mandatory. Failure to present the bill to the named acceptor (M/s Lgee Enterprises) absolves all other parties of liability.
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 64
What have the courts held on Section 64 of the Negotiable Instruments Act?
Britania Industries LTD vs Punjab National Bank (17 Apr 2013) is the leading judgment on this section among those set out below: The Court held that Section 64 mandates presentment of a bill of exchange for payment to the acceptor. The words 'must be' clearly express the legislative intent that presentment is mandatory. Failure to present the bill to the named acceptor (M/s Lgee Enterprises) absolves all other parties of liability.
How do I find court cases under Section 64 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 64, section 64 NI Act, section 64 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 Britania Industries LTD vs Punjab National Bank (17 Apr 2013).
What should I read with Section 64 of the Negotiable Instruments Act, and has it changed?
Its own text turns on section 6 (''Cheque''), so none of them can safely be read on its own.
When did Section 64 of the Negotiable Instruments Act come into force?
Section 64 of the Negotiable Instruments Act, cited as NI Act 64, 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.