Mon. Mar 8th, 2021

Section 93 of The Negotiable Instruments Act, 1881

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93.  By and to whom notice should be given. — When a promissory note, bill of exchange or cheque is dishonoured by non-acceptance or non-payment, the holder thereof, or some party thereto who remains liable thereon, must give notice that the instrument has been so dishonoured to all other parties whom the holder seeks to make severally liable thereon, and to some one of several parties whom he seeks to make jointly liable thereon.

Nothing in this section renders it necessary to give notice to the maker of the dishonoured promissory note, or the drawee or acceptor of the dishonoured bill of exchange or cheque.

Comments

 The object of a notice of dishonor to indorser is not demand payment but clearly to indicate to the party notified that the contracts arising on the negotiable instruments has been broken by the principal debtor, and that the former being surety will not be liable for the payment; Kanyalal v. Ramkumar, AIR 1956 Raj 126.

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