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negotiable-instruments:section-70

Presentment where no exclusive place specified

Section 70 of the Negotiable Instruments Act,1881.

A promissory note or bill of exchange, not made payable as mentioned in sections 68 and 69, must be presented for payment at the place of business (if any), or at the usual residence, of the maker, drawee or acceptor thereof, as the case may be.

The section applies only to notes and bills where no place of payment is specified and not to a cheque which must be presented to the bank on which it is drawn. Notes or bills which are not payable at a specified place must be presented either at the place of business or at the ordinary place of residence of the maker, the drawee or the acceptor thereof. The section does not clearly state if in the case of a business man, his place of business is to be preferred to his residence But the use of the words if any after the words 'place of business' would seem to indicate that where a man has a place of business it is to be presented at his business place where he is reasonably expected to be present during business hours and if he has no place of business, it is to be presented at his residence. The place of business is his ordinary present place of business. Under the English law bills must be presented at the place of business if that is known, if it is not known it shall be presented at his residence. Where no place of payment is mentioned but only the address is given, presentment should be made at that address.

According to local usage a hundi may be presented at the bank. Where a pronote does not mention any place where payment is to be made, it should be presumed that payment is to be made at the usual place of business of the creditor, and the cause of action arises at that place The fact that the pronote is to be presented under Sec 70 at a particular place does not imply that the amount due on it is payable at that place.

Created on 2021/02/20 14:53 by LawPage • Last modified on 2021/02/20 14:53 by LawPage