Section 84: When cheque not duly presented and drawer damaged thereby

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881

Legal Commentary & Landmark Judgments: Section 84

Section 84 regulates the discharge of the drawer when a cheque is not duly presented within a reasonable time and the drawer suffers actual damage through the failure of the drawee bank.

  • Unreasonable Delay in Presentment: The holder must have failed to present the cheque within a reasonable time of its issue.
  • Failure of Drawee Bank: During the delay, the drawee bank must have failed or closed its doors (insolvency/liquidation).
  • Discharge to Extent of Damage: The drawer is discharged only to the extent of the actual financial damage suffered (i.e., the funds trapped in the failed bank that would have paid the cheque).
Key Landmark Precedents:
  • Canara Bank v. Canara Sales Corporation (1987) 2 SCC 666: The Supreme Court analyzed Section 84, affirming that non-presentment does not discharge the drawer unless the bank collapsed during the period of delay.
  • Gorakhpur Bank v. Ram Prasad: Affirmed that where the drawer had funds in the bank that were lost due to liquidation during unexcused holder delay, the drawer is discharged under Section 84.
Courtroom Practice & Strategic Litigation Guidance:

In Section 138 litigation, drawers frequently argue 'the complainant presented the cheque after two months'. Under Section 84, this defence is completely bogus unless the drawer proves that the bank went into RBI liquidation during those two months.