Negotiable Instruments Act, 1881 — section 76

76. When presentment unnecessary. No presentment for payment is necessary and the instrument 5[shall be deemed to be dishonoured] at the due date for presentment, in any of the following cases:―

(a)if the maker, drawee or acceptor intentionally prevents the presentment of the instrument, or, if the instrument being payable at his place of business, he closes such place on a business day during the usual business hours, or, if the instrument being payable at some other specified place, neither he nor any person authorized to pay it attends at such place during the usual business hours, or if the instrument not being payable at any specified place, he cannot after due search be found; 1 Ins. by the Negotiable Instruments (Amdt.) Act, 1897 (6 of 1897), s. 2. 2 S.75A Ins. by the Negotiable Instruments (Amdt.) Act, 1920 (25 of 1920), s. 2. 3 Subs. by the Negotiable Instruments (Amdt.) Act, 1921 (12 of 1921), s. 3, for “for payment” . 4 A new section 75B was temporarily inserted by the Negotiable Instruments Act (temporary Amdt.) Ordinance, 1948 (6 of 1948). 5 Subs. by the Negotiable Instruments (Amdt.) Ordinance, 1962 (49 of 1962) s. 37, for “is dishonoured”.

(b)as against any party sought to be charged therewith, if he has engaged to pay notwithstanding non-presentment;

(c)as against any party if, after maturity, with knowledge that the instrument has not been presented― he makes a part payment on account of the amount due on the instrument, or promises to pay the amount due thereon in whole or in part, or otherwise waives his right to take advantage of any default in presentment for payment;

(d)as against the drawer, if the drawer could not suffer damage from the want of such presentment 1[;] 2 [(e) where the drawee is a fictitious person;

(f)as regards an indorser, where the negotiable instrument was made, drawn or accepted for the accommodation of that indorser and he had reason to expect that the instrument would not be paid if presented; and

(g)where, after the exercise of reasonable diligence, presentment as required by this Act cannot be effected. Explanation.― The fact that the holder has reason to believe that the negotiable instrument will, on presentment, be dishonoured does not dispense with the necessity for presentment.]