Section 61: Presentment for acceptance

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881

Legal Commentary & Landmark Judgments: Section 61

Section 61 mandates presentment for acceptance, enacting that a bill of exchange payable after sight must be presented to the drawee for acceptance within a reasonable time by a person entitled to demand acceptance.

  • Mandatory for 'After Sight' Bills: Essential for bills payable after sight to fix the maturity date; for other bills, presentment for acceptance is optional but customary.
  • Reasonable Time & Business Hours: Must be presented during business hours on a business day within a reasonable time; undue delay discharges the drawer and indorsers.
  • Drawee Cannot Be Found: If after reasonable search the drawee cannot be found, the bill is deemed dishonoured by non-acceptance under Section 91.
Key Landmark Precedents:
  • Ram Ravji v. Pralhaddas (ILR 20 Bom 133): The landmark ruling holding that unexcused delay in presenting a bill payable after sight completely discharges the drawer from liability on the bill and underlying transaction.
  • Firm Kanhaiyalal v. Firm Ramgopal: Affirmed that presentment must be made at the drawee's business premises during standard commercial clearing hours.
Courtroom Practice & Strategic Litigation Guidance:

In documentary credit and trade finance litigation, counsel representing drawers must audit the exact dates between issuance and presentment for acceptance. If the bank sat on the bill for weeks without commercial excuse, argue discharge under Section 61.