Home  /  Negotiable Instruments Act  /  Section 119

Section 119: Presumption on proof of protest

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881
Section 118 All 148 Sections of Negotiable Instruments Act Section 120

Legal Commentary & Landmark Judgments: Section 119

Section 119 enacts a mandatory statutory presumption on proof of protest, providing that the court shall, on proof of the protest, presume the fact of dishonour of the instrument until disproved.

  • Conclusive Evidentiary Presumption: Production of the official Notarial Protest Certificate compels the court to presume that the instrument was duly presented and dishonoured.
  • Dispenses with Oral Witness Testimony: Eliminates the necessity of calling bank managers or notaries to the witness stand to prove the physical act of dishonour.
  • International Evidentiary Utility: Particularly decisive in cross-border trade disputes litigated in Indian commercial courts under Order XXXVII CPC.
Key Landmark Precedents:
  • Geralopulo v. Wieler (1851): Affirmed that a notarial protest certificate proves itself under commercial paper law, establishing a statutory presumption of dishonour.
  • British India Steam Navigation Co. v. Shanmughavilas Cashew Industries (1990) 3 SCC 481: Discussed the presumptive evidentiary value of foreign notarial protests under Section 119.
Courtroom Practice & Strategic Litigation Guidance:

In summary suits on commercial bills, annex the original Notarial Protest Certificate to the plaint and invoke Section 119 in the summary summons application. The defendant cannot obtain leave to defend by merely disputing the fact of dishonour.

Section 118 All 148 Sections of Negotiable Instruments Act Section 120