Sections 75 and 75A of Negotiable Instruments Act 1881: Presentment Through Agent and Excuse for Delay
Sections 75 and 75A are part of Chapter V, "Of Presentment", of the Negotiable Instruments Act, 1881. Section 75 identifies persons to whom presentment for acceptance or payment may validly be made in specified circumstances. Section 75A protects a holder where delay in presentment results from circumstances beyond the holder's control and is not attributable to the holder's default, misconduct or negligence.
- Section 75: permits presentment to a duly authorized agent and, where applicable, to the legal representative of a deceased person or assignee of an insolvent.
- Section 75A: excuses qualifying delay caused by circumstances beyond the holder's control, but requires presentment within a reasonable time after the cause of delay ends.
Section 75 - Presentment by or to agent, representative of deceased, or assignee of insolvent
Presentment for acceptance or payment may be made to the duly authorized agent of the drawee, maker or acceptor, as the case may be, or, where the drawee, maker or acceptor has died, to his legal representative, or, where he has been declared an insolvent, to his assignee.
Meaning of Section 75
Section 75 recognizes that personal presentment to the drawee, maker or acceptor is not always possible or necessary. The Act expressly permits presentment to a duly authorized agent. If the relevant person has died, presentment may be made to the legal representative. If that person has been declared insolvent, presentment may be made to the assignee.
The provision applies to presentment for both acceptance and payment and should be read with the other rules in Chapter V governing the time, place and manner of presentment.
Section 75A - Excuse for delay in presentment for acceptance or payment
Delay in presentment for acceptance or payment is excused if the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct or negligence. When the cause of delay ceases to operate, presentment must be made within a reasonable time.
Conditions for excusing delay
Section 75A requires more than the mere existence of delay. The cause must be beyond the holder's control, and the delay must not be attributable to the holder's own default, misconduct or negligence. Once the external cause ceases, the holder must act within a reasonable time.
How Sections 75 and 75A work together
Section 75 addresses to whom valid presentment may be made in the specified situations. Section 75A addresses when delay in presentment can be excused. Together with Sections 61 to 77, they form part of the statutory framework governing presentment of negotiable instruments.
Related provisions
For a complete understanding, these provisions may need to be read with the surrounding sections dealing with presentment for acceptance and payment, reasonable time, place of presentment and circumstances in which presentment is unnecessary.