Section 82: Discharge from liability

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881

Legal Commentary & Landmark Judgments: Section 82

Section 82 enumerates the three statutory modes by which the maker, acceptor, or indorser of a negotiable instrument is discharged from liability: by cancellation, by release, or by payment.

  • Discharge by Cancellation: Discharged if the holder deliberately cancels the party's name with intention to release them, also releasing subsequent indorsers.
  • Discharge by Release: Discharged if the holder expressly releases the party by contract, composition, or settlement.
  • Discharge by Payment in Due Course: Discharged when the primary debtor makes payment of the amount due at or after maturity to the lawful holder under Section 10 and Section 78.
Key Landmark Precedents:
  • N.C. Mukherjee & Co. v. Union of India: Examined the three modes of discharge under Section 82, holding that intentional cancellation of an indorser's signature extinguishes all statutory claims against them.
  • Seth Loon Karan Sethiya v. Ivan E. John (1977) 1 SCC 379: Affirmed that payment in due course to the holder completely dissolves the commercial instrument and all secondary liabilities.
Courtroom Practice & Strategic Litigation Guidance:

In compromise settlements of Section 138 cases or recovery suits, ensure the deed of settlement explicitly invokes Section 82: record that the liability is discharged by payment, and file the deed in court for compounding under Section 147.