Non-acceptance is a valid mode of dishonour for :

This question was previously asked in
MH SET Paper-II: Commerce 7th April 2024
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  1. Cheque
  2. Promissory Note
  3. Bill of Exchange
  4. Bank Draft

Answer (Detailed Solution Below)

Option 3 : Bill of Exchange
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MH SET Paper 1: Held on 26th Sep 2021
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Detailed Solution

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The correct answer is - Bill of Exchange

Key Points

  • Non-acceptance is a valid mode of dishonour for a Bill of Exchange.
    • A Bill of Exchange is a negotiable instrument that requires the drawee’s acceptance to be valid.
    • If the drawee refuses to accept the bill when it is presented for acceptance, it is considered as dishonoured by non-acceptance.
    • The dishonour may occur due to several reasons, such as:
      • The drawee refuses to accept the bill.
      • The drawee is incapable of accepting the bill (e.g., insolvency).
      • Acceptance is not provided within the stipulated time.
    • In such cases, the holder of the bill may initiate legal action or protest the bill.

Additional Information

  • Modes of Dishonour for Other Instruments
    • Cheque: A cheque is dishonoured by non-payment when the bank refuses to pay the amount due to insufficient funds, stop-payment instructions, or other reasons.
    • Promissory Note: A promissory note is dishonoured by non-payment, as it does not require acceptance by the payee or drawee.
    • Bank Draft: A bank draft is generally not dishonoured as it is a payment instrument guaranteed by the issuing bank.
  • Legal Provisions
    • The rules regarding the dishonour of negotiable instruments are governed by the Negotiable Instruments Act, 1881.
    • Section 92 of the Act specifies the conditions under which a negotiable instrument is considered dishonoured.
    • For a Bill of Exchange, Section 91 explains the concept of dishonour by non-acceptance.
  • Protest for Dishonour
    • When a bill is dishonoured by non-acceptance, the holder may prepare a formal document called a protest to record the dishonour.
    • The protest serves as evidence of the dishonour and is usually required for initiating legal proceedings.
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