Presentment of cheque to charge drawer
Section 72 of the Negotiable Instruments Act, 1881 deals with presentment of cheque to charge drawer. [Subject to the provisions of section 84,] a cheque must, in order to charge the drawer, be presented at the bank upon which it is drawn before the relation between the drawer and his banker has been altered to the prejudice of the drawer. The Act came into force on 01 Mar 1882.
1[Subject to the provisions of section 84,] a cheque must, in order to charge the drawer, be presented at the bank upon which it is drawn before the relation between the drawer and his banker has been altered to the prejudice of the drawer.
Section 72, 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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Ishar Alloy Steels Ltd. vs Jayaswals Neco LTD
Court's Decision & Legal Precedent
The term 'the bank' in Clause (a) of the proviso to Section 138 of the Negotiable Instruments Act, 1881, refers exclusively to the drawee-bank on which the cheque is drawn. For criminal liability to attach to the drawer under Section 138, the cheque must be presented to this specific drawer's bank within six months from the date of issue or within the validity period, whichever is earlier. Presentation to any other bank, including the collecting bank of the payee, does not satisfy this statutory requirement. The payee may present the cheque through any bank, but that bank is obliged to present it to the drawer's bank within the prescribed period. Non-presentation to the drawee-bank within six months absolves the drawer of criminal liability, though civil liability may persist.
On this section: Provision that a cheque must be presented at the bank upon which it is drawn before the relations between drawer and banker are altered to the prejudice of the drawer
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 72
What have the courts held on Section 72 of the Negotiable Instruments Act?
Ishar Alloy Steels Ltd. vs Jayaswals Neco LTD (22 Feb 2001) is the leading judgment on this section among those set out below: Provision that a cheque must be presented at the bank upon which it is drawn before the relations between drawer and banker are altered to the prejudice of the drawer.
How do I find court cases under Section 72 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 72, section 72 NI Act, section 72 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 Ishar Alloy Steels Ltd. vs Jayaswals Neco LTD (22 Feb 2001).
What should I read with Section 72 of the Negotiable Instruments Act, and has it changed?
Its own text turns on section 84 (When cheque not duly presented and drawer damaged thereby), so none of them can safely be read on its own.
When did Section 72 of the Negotiable Instruments Act come into force?
Section 72 of the Negotiable Instruments Act, cited as NI Act 72, 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.