Section - 84. When cheque not duly presented and drawer damaged thereby
(1) Where a cheque is not presented for payment within a reasonable time of its issue, and the drawer or person on whose account it is drawn had the right, at the time when presentment ought to have been made, as between himself and the banker, to have the cheque paid and suffers actual damage through the delay, he is discharged to the extent of such damage, that is to say, to the extent to which such drawer or person is a creditor of the banker to a larger amount than he would have been if such cheque had been paid.
(2) In determining what is a reasonble time, regard shall be had to the nature of the instrument, the usage
of trade and of bankers, and the facts of the particular case.(3) The holder of the cheque as to which such drawer of person is so discharged shall be a creditor, in lieu of such drawer or person, of such banker to the extent of such discharge and entitled to recover the amount from him.
1. Subs. by Act 30 of 1926, s. 2, for “except in cases provided for by the Code of Civil Procedure, s. 532”.
2. Subs. by Act 66 of 1988, s. 2, for “six per centum” (w.e.f. 30-12-1988).
3. Section 81 re-numbered as sub-section (1) thereof by Act 55 of 2002, s. 4 (w.e.f. 6-2-2003).
4. Ins. by s. 4, ibid. (w.e.f. 6-2-2003).
5. Subs. by Act 12 of 1921, s. 2, for “twenty-four”.
6. Subs. by Act 6 of 1897, s. 3, for s. 84.Illustrations
(a) A draws a cheque for Rs. 1,000, and, when the cheque ought to be presented, has funds at the bank to meet it. The bank fails before the cheque is presented. The drawer is discharged, but the holder can prove against the bank for the amount of the cheque.(b) A draws a cheque at Umballa on a bank in Calcutta. The bank fails before the cheque could be [presented in ordinary course. A is not discharged, for he has not suffered actual damage through any delay in presenting the cheque.]
View Previous | View Next
