Who is Agent for presentment? When party to whom notice given is dead? When notice of dishonour is unnecessary? Agent for presentment, When party to whom notice given is dead and When notice of dishonour is unnecessary are defined under Section 96, 97 and 98 of Negotiable Instruments Act 1881
When the instrument is deposited with an agent for presentment, the agent is entitled to the same time to give notice to his principal as if he were the holder giving notice of dishonour, and the principal is entitled to a further like period to give notice of dishonour.
When the party to whom notice of dishonour is despatched is dead, but the party dispatching the notice is ignorant of his death, the notice is sufficient.
No notice of dishonour is necessary ?
(a) when it is dispensed with by the party entitled thereto;
(b) in order to charge the drawer, when he has countermanded
payment;
(c) when the party charged could not suffer damage for want of
notice;
(d) when the party entitled to notice cannot after due search be
found; or the party bound to give notice is, for any other
reason, unable without any fault of his own to give it;
(e) to charge the drawers, when the acceptor is also a drawer;
(f) in the case of a promissory note which is not negotiable;
(g) when the party entitled to notice, knowing the facts,
promises unconditionally to pay the amount due on the
instrument.
Negotiable Instruments Act 1881
Section 81 - Delivery of instrument on payment, or indemnity in case of loss
CHAPTER VII OF DISCHARGE FROM LIABILITY ON NOTES, BILLS AND CHEQUES
Section 82 - Discharge from liability
Section 83 - Discharge by allowing drawee more than forty-eight hours to accept
Section 84 - When cheque not duly presented and drawer damaged thereby
Section 85 - Cheque payable to order
Section 85A - Drafts drawn by one branch of a bank on another payable to order
Section 86 - Parties not consenting discharged by qualified or limited acceptance
Section 87 - Effect of material alteration
Section 88 - Acceptor or indorser bound notwithstanding previous alteration
Section 89 - Payment of instrument on which alteration is not apparent
Section 90 - Extinguishment of rights of action on bill in acceptor's hands
CHAPTER VIII OF NOTICE OF DISHONOUR
Section 91 - Dishonour by non-acceptance
Section 92 - Dishonour by non-payment
Section 93 - By and to whom notice should be given
Section 94 - Mode in which notice may be given
Section 95 - Party receiving must transmit notice of dishonour
Section 96 - Agent for presentment
Section 97 - When party to whom notice given is dead
Section 98 - When notice of dishonour is unnecessary
CHAPTER IX OF NOTING AND PROTEST