Section 117: Rules as to compensation

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881

Legal Commentary & Landmark Judgments: Section 117

Section 117 establishes comprehensive statutory rules for calculating compensation on the dishonour of a promissory note, bill of exchange, or cheque, standardizing principal, interest, and noting expenses.

  • Principal & Agreed Interest: The holder is entitled to recover the principal amount due plus interest at the contractual rate (or 18% under Section 80).
  • Expenses of Noting & Protest: All statutory expenses properly incurred in notarial noting and protest are fully recoverable from the defaulting parties.
  • Re-Exchange on Foreign Bills: Where the party liable resides abroad, compensation includes the cost of re-exchange (the current rate of exchange for a sight bill drawn on that country).
Key Landmark Precedents:
  • In re Gillespie (1886) 18 QBD 286: The leading authority establishing that the holder of a dishonoured commercial bill is entitled to full indemnity including re-exchange and notarial charges.
  • Willans v. Ayers (1877) 3 App Cas 133: The Privy Council affirmed the statutory rules of compensation under commercial paper law, precluding arbitrary or speculative damage claims.
Courtroom Practice & Strategic Litigation Guidance:

In commercial suits for dishonoured bills, draft the prayer for relief in strict conformity with Section 117: (1) Principal sum; (2) Contractual/statutory interest; (3) Actual notarial noting and protest fees; (4) Currency re-exchange losses for foreign bills. All are recoverable as liquidated debt.