Section 119 NI Act: Presumption on proof of protest

Negotiable Instruments Act, 1881

Section 119 NI Act at a Glance

Section 119 NI Act requires the court, in a suit on a dishonoured instrument, to presume the fact of dishonour upon proof of the protest, unless and until dishonour is disproved.

Section 119 NI Act Bare Act Text

119. Presumption on proof of protest.

In a suit upon an instrument which has been dishonoured, the Court shall, on proof of the protest, presume the fact of dishonour, unless and until such fact is disproved.

Section 119 NI Act in Simple Words

Section 119 NI Act sets a rule of evidence for a suit brought upon an instrument that has been dishonoured. When the protest of the instrument is proved in that suit, the court must presume the fact of dishonour.

The court continues to presume the fact of dishonour unless and until that fact is disproved.

When Section 119 NI Act Applies

  • There is a suit upon an instrument that has been dishonoured.
  • The protest of the instrument is proved before the court.
  • Upon proof of the protest, the court presumes the fact of dishonour unless and until the fact of dishonour is disproved.

Example of Section 119 NI Act

Sunita in Indore files a suit against Rohan in Durgapur on a dishonoured bill of exchange for ₹80,000. During the suit, Sunita proves the protest of the bill before the court. Under Section 119 NI Act, upon proof of the protest, the court presumes the fact that the bill was dishonoured. That presumption stands in Sunita's favour unless and until the fact of dishonour is disproved.

FAQs on Section 119 NI Act

What is Section 119 NI Act?▼

Section 119 NI Act is an evidence rule dealing with proof of protest in a suit on a dishonoured instrument. It requires the court, on proof of the protest, to presume the fact of dishonour unless and until that fact is disproved.

When does the court presume the fact of dishonour under Section 119 NI Act?▼

On proof of the protest in a suit upon a dishonoured instrument. Once the protest is proved, Section 119 NI Act directs the court to presume the fact of dishonour.

Can the presumption of dishonour under Section 119 NI Act be displaced?▼

Yes. Under Section 119 NI Act, the court presumes the fact of dishonour on proof of the protest only unless and until the fact of dishonour is disproved.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Negotiable Instruments Act, 1881 (India Code) ·