Section 64 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 64 requires promissory notes, bills of exchange and cheques to be presented for payment to the maker, acceptor or drawee, and says what follows if that is not done. Sub-section (2) adds a rule for a cheque presented as an electronic image of a truncated cheque. This article reads the section as per the consolidated text consulted.
The holder, or someone for him, must present a note, bill or cheque for payment to the maker, acceptor or drawee respectively. If he does not, the other parties are not liable to him on it. A demand promissory note not payable at a specified place needs no presentment to charge the maker. For an electronic image of a truncated cheque, the drawee bank may seek further information and, on suspicion of fraud, forgery, tampering or destruction, demand the truncated cheque itself.
Sub-section (1): the duty to present
Section 64(1) says that promissory notes, bills of exchange and cheques "must be presented for payment to the maker, acceptor or drawee thereof respectively, by or on behalf of the holder as hereinafter provided."
- A promissory note is presented to the maker.
- A bill of exchange is presented to the acceptor.
- A cheque is presented to the drawee, that is, the bank on which it is drawn.
The words "by or on behalf of the holder" mean that an agent can present. The words "as hereinafter provided" point to the later sections on timing, hours and place. Those are covered in hours of presentment and notes payable by instalments and place of presentment for payment.
The consequence of not presenting
The text says: "In default of such presentment, the other parties thereto are not liable thereon to such holder." So a holder who fails to present loses recourse against the other parties on the instrument. This is a serious result. A holder's claim on an indorser, for example, depends on presenting the instrument as the Act requires.
If you hold an instrument that was not presented in time, or you are being pursued by a holder who did not present, it is worth checking the facts before any notice goes out. Where a payment demand is the next step, a recovery notice prepared on the right facts is the usual starting point.
Registered post
Section 64(1) continues: "Where authorized by agreement or usage, a presentment through the post office by means of a registered letter is sufficient." Registered post therefore counts only where agreement or usage authorises it.
The Exception
The Exception reads: "Where a promissory note is payable on demand and is not payable at a specified place, no presentment is necessary in order to charge the maker thereof."
| Instrument | Presentment needed to charge the maker? |
|---|---|
| Promissory note payable on demand, not payable at a specified place | No |
| Promissory note payable on demand, payable at a specified place | The text of the Exception does not exempt it |
| Other notes, bills and cheques | Yes, under the main rule of section 64(1) |
The exception speaks of charging the maker. It does not say that other parties can be charged without presentment.
Sub-section (2): electronic image of a truncated cheque
Section 64(2) opens with "Notwithstanding anything contained in section 6". Section 6 defines a cheque, including the truncated cheque and the cheque in electronic form; see cheque, truncated cheque and electronic cheque.
The rule is:
- An electronic image of a truncated cheque is presented for payment.
- The drawee bank is entitled to demand any further information regarding the truncated cheque from the bank holding the truncated cheque, in case of any reasonable suspicion about the genuineness of the apparent tenor of the instrument.
- If the suspicion is that of fraud, forgery, tampering or destruction of the instrument, the drawee bank is entitled to demand presentment of the truncated cheque itself for verification.
The proviso
"Provided that the truncated cheque so demanded by the drawee bank shall be retained by it, if the payment is made accordingly." So a truncated cheque called for in this way is retained by the drawee bank where payment is made on that basis.
Who does what
The provision is addressed to banks. The drawee bank asks the bank holding the truncated cheque. An ordinary payee does not carry out any step under sub-section (2). What the payee should expect is that, where a bank has a reasonable suspicion, payment can be delayed while the bank seeks further information or the original truncated cheque. The text does not state how long that may take and none is assumed.
Example 1. Tandon Hardware draws a promissory note payable on demand, with no place of payment specified, in favour of Uppal Finance. Uppal Finance wants to proceed against Tandon Hardware as maker. Under the Exception to section 64(1), no presentment is necessary in order to charge the maker.
Example 2. Verma Exports deposits a cheque and the clearing process sends an electronic image to the drawee bank. The drawee bank has a reasonable suspicion about the apparent tenor of the instrument. Under section 64(2) it may ask the bank holding the truncated cheque for further information, and, if the suspicion is tampering, may demand the truncated cheque itself. If it is demanded and payment is made, the drawee bank retains it.
Compare the later rules on the original and the image: section 81 lets the paying banker retain a truncated cheque, and section 89 addresses differences between image and original. These are separate articles in this series.
Need help with a dishonoured or unpresented instrument?
If you hold a note, bill or cheque that was not paid, or you are facing a demand on one, a recovery notice drafted around the presentment facts can set out the claim clearly. Gather the instrument, any bank return memo and proof of when and how it was presented.
Key takeaways
- Section 64(1): notes go to the maker, bills to the acceptor, cheques to the drawee, by or on behalf of the holder.
- Without presentment, the other parties are not liable on the instrument to that holder.
- Registered-post presentment is sufficient only where agreement or usage authorises it.
- Exception: a demand promissory note not payable at a specified place needs no presentment to charge the maker.
- Section 64(2): for an electronic image of a truncated cheque, the drawee bank may seek further information and, on suspicion of fraud, forgery, tampering or destruction, demand the truncated cheque, which it retains if payment is made.
Read next
- Presentment for acceptance and the drawee's forty-eight hours (sections 61-63)
- Hours of presentment and notes payable by instalments (sections 65-67)
- Cheque, truncated cheque and electronic cheque (section 6)
- Cheque bounce in business transactions: practical guide
Disclaimer: Based on a consolidated text of the Negotiable Instruments Act, 1881 stating the position as of 26 December 2015 and on the Negotiable Instruments (Amendment) Act, 2018, as consulted on 2 October 2026. Later amendments and current criminal procedure law should be checked. This article is general information, not legal advice; check the official text before acting.