Section 62: Presentment of promissory note for sight

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881

Legal Commentary & Landmark Judgments: Section 62

Section 62 regulates presentment of a promissory note for sight, enacting that a note payable at a certain period after sight must be presented to the maker for sight within a reasonable time.

  • Fixing Maturity of Note: Necessary to exhibit the physical note to the maker so that the stated period begins to run.
  • Discharge for Belated Presentment: If not presented within a reasonable time after its creation, no partner or indorser can be held liable thereon.
  • Exhibition of Physical Paper: The note must be physically shown to the maker during business hours.
Key Landmark Precedents:
  • Dhanpat Rai v. Balak Ram: Held that presentment for sight is a condition precedent to liability on a note payable after sight; failure to present discharges all parties.
  • Holmes v. Kerrison (1810): Affirmed that limitation does not run on an after-sight note until formal presentment for sight has occurred under Section 62.
Courtroom Practice & Strategic Litigation Guidance:

When drafting promissory notes, avoid using 'payable after sight'. Use explicit dates ('payable on 15th December 2026') or 'payable on demand' to avoid the complex evidentiary burden of proving physical exhibition under Section 62.