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Section 65: Hours for presentment

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881
Section 64 All 148 Sections of Negotiable Instruments Act Section 66

Legal Commentary & Landmark Judgments: Section 65

Section 65 regulates the hours for presentment for payment, enacting that presentment must be made during the usual hours of business, and in the case of a banker, within banking hours.

  • Usual Business Hours: Presentment to ordinary commercial entities must occur during customary working hours of that trade.
  • Strict Banking Hours: Presentment of cheques and bank bills must occur strictly within public banking clearance hours.
  • Consequence of Irregular Hours: Presentment made after banking hours or at midnight is invalid and cannot ground a claim of dishonour.
Key Landmark Precedents:
  • Parker v. Gordon (1806) 7 East 385: Established that presentment of a bill to a banker after banking hours is defective and cannot establish dishonour against prior parties.
  • Elford v. Teed (1813): Affirmed that presentment to a bank must strictly align with published clearing and banking operational windows.
Courtroom Practice & Strategic Litigation Guidance:

With electronic Cheque Truncation System (CTS) clearing, cheques are presented via digital clearing batches. If an electronic presentment is rejected due to clearing cutoff windows, ensure it is represented within banking hours before treating it as final dishonour.

Section 64 All 148 Sections of Negotiable Instruments Act Section 66