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Section 75: Presentment by or to agent, representative of deceased, or assignee of insolvent

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881
Section 74 All 148 Sections of Negotiable Instruments Act Section 76

Legal Commentary & Landmark Judgments: Section 75

Section 75 regulates presentment by or to an agent, representative of a deceased person, or assignee of an insolvent maker, drawee, or acceptor.

  • Agency Presentment: Presentment for acceptance or payment may be validly made by or to a duly authorized commercial agent.
  • Deceased Debtor Protocol: Where the maker, drawee, or acceptor is dead, presentment must be made to their legal representative.
  • Insolvency Protocol: Where the debtor has been declared insolvent, presentment may be made to the official assignee or receiver.
Key Landmark Precedents:
  • Caunt v. Thompson (1849) 7 CB 400: Established that presentment to the executor of a deceased maker satisfies the statutory requirement of presentment for payment.
  • Lachhmi Narain v. Mst. Nand Kuer: Affirmed that the holder must make diligent inquiry to discover and present paper to the legal representative of a deceased debtor.
Courtroom Practice & Strategic Litigation Guidance:

If a debtor dies before maturity, do not abandon the bill. Serve a formal presentment and demand upon the legal heirs under Section 75. This preserves recourse against prior indorsers and enables recovery against the inherited estate.

Section 74 All 148 Sections of Negotiable Instruments Act Section 76