Cheque presentment delay discharges drawer to extent of actual damage, transferring creditor rights against banker to holder. If a cheque is not presented within a reasonable time and the drawer, who had the right to have it paid when presentment should have occurred, suffers actual damage through the delay, the drawer is discharged to the extent of that damage; reasonable time is judged by instrument nature, trade and bankers' usage, and facts. The holder, to the extent of such discharge, becomes a creditor of the banker and may recover that amount.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Cheque presentment delay discharges drawer to extent of actual damage, transferring creditor rights against banker to holder.
If a cheque is not presented within a reasonable time and the drawer, who had the right to have it paid when presentment should have occurred, suffers actual damage through the delay, the drawer is discharged to the extent of that damage; reasonable time is judged by instrument nature, trade and bankers' usage, and facts. The holder, to the extent of such discharge, becomes a creditor of the banker and may recover that amount.
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