When presentment for payment is excused?

ADVERTISEMENTS:

No presentment for payment is necessary and the instrument is dishonoured at the due date of presentment in any of the following cases:

1. If the maker, drawee or acceptor intentionally prevents the presentment of the instrument.

2. If the instrument being payable at his place of business, and he closes such place on a business day during the usual business hours.

ADVERTISEMENTS:

3. If the instrument being payable at some other specified place, neither he nor any person authorised to pay it, attends such place during the usual business hours.

4. If the instrument not being payable at any specified place, he cannot, after due search, be found.

5. If there is a promise to pay, not withstanding non-presentment.

6. If there is a waiver, express or implied, before or after the maturity, by the party entitled to presentment. For example, where a party makes part payment, fully knowing that presentment for payment has not been made. Again, where a party makes a promise, inspite of the non-presentment of the instrument for payment.

ADVERTISEMENTS:

7. Presentment for payment is excused against the drawer only if he could not suffer any damage due to non-presentment.

Besides, presentment for payment is excused in the following cases, as already discussed in case of presentment for acceptance:

8. Where the drawee is a fictitious person.

9. Where the drawee is a person incapable of contracting.

ADVERTISEMENTS:

10. Where the drawer and drawee is the same person.

11. Where the bill is dishonoured by non-acceptance.

12. Where the presentment has become impossible.

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