Section 45: Rules as to presentment for payment.
(1) Subject to the provisions of this Act, a bill must be duly presented for payment; and if it be not so presented the drawer and endorsers shall be discharged.
(2) A bill is duly presented for payment if it is presented in accordance with the following rules-
(a) where the bill is not payable on demand, presentment must, subject to the provisions of subsection (3) of this section, be made on the day it falls due;
(b) where the bill is payable on demand, then, subject to the provisions of this Act, presentment must be made within a reasonable time after its issue, in order to render the drawer liable, and within a reasonable time after its endorsement, in order to render the endorser liable; and in determining what is a reasonable time, regard shall be had to the nature of the bill, the usage of trade with regard to similar bills, and the facts of the particular case;
(c) presentment must be made by the holder or by some person authorised to receive payment on his behalf at a reasonable hour on a business day, at the proper place as hereinafter defined, either to the person designated by the bill as payer, or to some person authorised to pay or refuse payment on his behalf if with the exercise of reasonable diligence such person can there be found;
(d) a bill is presented at the proper place-
(i) where a place of payment is specified in the bill and the bill is there presented,
(ii) where no place of payment is specified, but the address of the drawee or acceptor is given in the bill, and the bill is there presented,
(iii) where no place of payment is specified and no address given, and the bill is presented at the drawee's or acceptor's place of business if known, and if not, at his ordinary residence, if known,
(iv) in any other case, if presented to the drawee or acceptor wherever he can be found, or if presented at his last known place of business or residence;
(e) where a bill is presented at the proper place, and after the exercise of reasonable diligence, no person authorised to pay or refuse payment can be found there, no further presentment to the drawee or acceptor is required;
(f) where a bill is drawn upon, or accepted by two or more persons who are not partners, and no place of payment is specified, presentment must be made to them all;
(g) where the drawee or acceptor of a bill is dead, and no place of payment is specified, presentment must be made to a personal representative, if such there be, and with the exercise of reasonable diligence he can be found;
(h) where authorised by agreement or usage, a presentment through the post office is sufficient.
(3) Notwithstanding anything contained in subsection (2) of this section, a bill may, subject to the provisions of this subsection, be presented for payment by means of an advice addressed to the person or persons to whom presentment must under that subsection be made, at the proper place as defined in that subsection, and sent through the post office, stating that the bill is held for payment by the sender and giving the name of the drawer and particulars of the place at which it is so held, the amount for which and the date on which it was drawn and any usance applicable to the bill.
(4) Where presentment is made in pursuance of this subsection, the bill shall be deemed to be duly presented for payment at the time the advice is posted; but a bill shall not be deemed to be duly presented for payment by virtue of an advice sent in pursuance of this subsection unless the advice is posted-
(a) in the case of a bill not payable on demand, not more than ten days and not less than five days before the bill falls due; or
(b) in the case of a bill payable on demand, within such reasonable time as is mentioned in paragraph (b) of subsection (2) of this section.
Cite this section
Section 45, BILLS OF EXCHANGE ACT (1917).
https://repo.podus.ai/laws/bills-of-exchange-act/section/45/