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Section 71: Presentment when maker, etc., has no known place of business or residence

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881
Section 70 All 148 Sections of Negotiable Instruments Act Section 72

Legal Commentary & Landmark Judgments: Section 71

Section 71 regulates presentment when the maker, drawee, or acceptor has no known place of business or residence, enacting that presentment may be made to them in person wherever they can be found.

  • Itinerant or Untraceable Debtors: Applies where after reasonable diligence the debtor has no discoverable permanent office or residence.
  • Personal Presentment Anywhere: The holder may effect presentment by exhibiting the paper to the debtor in person wherever encountered.
  • Excuse Under Section 76: If after reasonable search the debtor cannot be found anywhere, presentment is dispensed with entirely under Section 76(a).
Key Landmark Precedents:
  • De Bergareche v. Pillin (1826) 3 Bing 476: Established that where a debtor has no fixed commercial abode, personal exhibition of the instrument anywhere satisfies negotiable presentment rules.
  • State Bank of India v. R.K. Engineering: Affirmed that where the maker absconds, diligent efforts to locate them followed by Section 71 personal service attempts satisfy due diligence.
Courtroom Practice & Strategic Litigation Guidance:

If a debtor has closed their shop and changed residences, document your search efforts through courier return memos, email inquiries, and visit logs. This evidence proves Section 71 compliance or activates the waiver under Section 76(a).

Section 70 All 148 Sections of Negotiable Instruments Act Section 72