Question
Download Solution PDFNon-acceptance is a valid mode of dishonour for :
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe 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.
Last updated on Jun 26, 2025
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