Law: Negotiable Instruments Act, 1881

Section: 5,6,30,72,73,84

Law: Civil Procedure Code (V of 1908)

Section: XXXVII

Negotiable Instruments Act (XXVI of 1881)-------Ss. 5, 6, 30, 72, 73 & 84---Civil Procedure Code (V of 1908), O. XXXVII---Suit for recovery on the basis of negotiable instruments (nine cheques)---Pre-requisites--Presentment of cheque before the bank---Seven out of nine claimed cheques (cheques-in-question) not having been presented before the bank, were produced by the respondent/plaintiff in his statement recorded before the Trial Court---Trial Court decreed recovery of whole amount regarding nine cheques---Validity---Record reveals that appellant/defendant in his written statement denied the factum of outstanding amount, and that the respondent/plaintiff through a representative of concerned branch of the Bank, being one of his (plaintiff's) witnesses, only succeeded to produce(get exhibited) two cheques (amounting to Rs. 5 lac each) issued by the appellant/respondent which were dishonored; the remaining seven cheques (cheques-in-question) were produced by the respondent/plaintiff in his statement recorded before the Trial Court---Admittedly, there was no evidence on record produced by the plaintiff for presentment of the cheques-in-question to the concerned branch of the Bank---Section 5 of the Negotiable Instruments Act, 1881, ('the Act 1881') defines "bill of exchange" and section 6 of the Act 1881 defines "cheque" as a bill of exchange drawn on specified banker and not expressed to be payable otherwise than on demand---It appears that dishonor by non-acceptance or non-payment gives rise to an immediate right to recourse against the drawer of the bill of exchange---Section 68 of the Act 1881 deals with all negotiable instruments including cheques while S. 73 of the Act 1881deals with the cheque and provides the time of presentment and its consequence; this section further provides that a cheque must be presented for payment within reasonable time after its delivery to the holder---It is the mandate of the Act 1881 that all negotiable instrument should be presented for payment within a reasonable time---According to section 72 of the Act 1881, the drawer of the cheque is the principle debtor and he cannot avoid his liability towards the holder except in…