Sections 68-71 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.
Sections 68 to 71 answer one question: where must an instrument be presented? The answer depends on whether the instrument names a place of payment, whether it says "and not elsewhere", and whether the maker, drawee or acceptor has a known place of business or residence. This article reads the four sections as per the consolidated text consulted.
If an instrument is payable at a specified place and not elsewhere, it must be presented there to charge any party (section 68). If it is payable at a specified place without those words, it must be presented there to charge the maker or drawer (section 69). If no place is specified, presentment is at the place of business, or usual residence, of the maker, drawee or acceptor (section 70). If he has no known place of business or fixed residence, presentment may be made to him in person wherever he can be found (section 71).
Why place matters
Under section 64, a holder who does not present an instrument for payment as the Act requires loses recourse against the other parties; see presentment for payment and truncated cheques. The timing rules are in sections 65 to 67, covered in hours of presentment and notes payable by instalments. Sections 68 to 71 supply the rules on place. A holder who has the right time but the wrong place may still have presented wrongly. If you are unsure whether a presentment was made at the right place, a legal consultation can help you check before you decide what to do.
Section 68: payable at a specified place and not elsewhere
Section 68 says: "A promissory note, bill of exchange or cheque made, drawn or accepted payable at a specified place and not elsewhere must, in order to charge any party thereto, be presented for payment at that place."
The conditions:
- The instrument is a promissory note, bill of exchange or cheque.
- It is made, drawn or accepted payable at a specified place and not elsewhere.
- To charge any party, it must be presented at that place.
So where the instrument itself confines payment to one place, the holder cannot charge anyone unless he presents it there.
Section 69: payable at a specified place
Section 69 reads: "A promissory note or bill of exchange made, drawn or accepted payable at a specified place must, in order to charge the maker or drawer thereof, be presented for payment at the place."
Compare it with section 68:
| Point | Section 68 | Section 69 |
|---|---|---|
| Instruments | Note, bill or cheque | Note or bill |
| Words about place | Payable at a specified place and not elsewhere | Payable at a specified place |
| Who is charged by proper presentment at the place | Any party | The maker or drawer |
The difference is the phrase "and not elsewhere". With those words, presentment at the place is needed to charge any party. Without them, section 69 speaks only of what is needed to charge the maker or drawer. The text of section 69 does not mention cheques.
Section 70: no exclusive place specified
Section 70 states: "A promissory note or bill of exchange, not made payable as mentioned in sections 68 and 69, must be presented for payment at the place of business (if any), or at the usual residence, of the maker, drawee or acceptor thereof, as the case may be."
- It covers a note or bill not made payable as mentioned in sections 68 and 69, in other words, with no place of payment specified.
- Presentment is at the place of business, if any, or at the usual residence.
- The person whose place is meant is the maker, drawee or acceptor, as the case may be.
The wording "(if any)" after place of business shows the order. The text puts the place of business first, and the usual residence applies where there is no place of business.
Section 71: no known place of business or residence
Section 71 says: "If the maker, drawee or acceptor of a negotiable instrument has no known place of business or fixed residence, and no place is specified in the instrument for presentment for acceptance or payment such presentment may be made to him in person wherever he can be found."
Both conditions must hold: he has no known place of business or fixed residence, and the instrument specifies no place. Presentment is then in person wherever he can be found. The section covers presentment for acceptance or payment.
Choosing the place: a short guide
| Does the instrument name a place of payment? | Which section applies | Where to present |
|---|---|---|
| Yes, "and not elsewhere" | 68 | At that place, to charge any party |
| Yes, without "and not elsewhere" | 69 | At that place, to charge maker or drawer |
| No | 70 | Place of business (if any) or usual residence of maker, drawee or acceptor |
| No, and no known place of business or fixed residence | 71 | To him in person wherever he can be found |
Example 1. Ahuja Textiles draws a bill on Bhatia Garments, accepted "payable at the Mall Road branch of a named bank and not elsewhere". To charge any party, the holder must present the bill for payment at that branch (section 68).
Example 2. Dutta Foods holds a note signed by Eapen, with no place of payment written on it. Eapen runs a shop. Under section 70, the note is presented at Eapen's place of business. If he has no place of business, the usual residence is the place.
Example 3. A holder cannot find any place of business or residence for the maker of a note that names no place of payment. Under section 71, the holder may present to him in person wherever he can be found.
Practical points
- Read the instrument first. The words "and not elsewhere" change who is charged by correct presentment.
- Record where and how you presented. If the place is disputed, you need to show the address, the date and time, and who received it.
- Combine with hours. Presentment must also meet section 65 on hours.
- Cheques have their own rules. Section 72 speaks of presentment at the bank on which the cheque is drawn; see presentment of cheque within reasonable time.
Need help with presentment at the right place?
If you are unsure whether an instrument was presented at the correct place, or you are defending a claim where presentment was at the wrong address, a legal consultation can help you read the instrument against sections 68 to 71. Bring the original instrument and your record of presentment.
Key takeaways
- Section 68: payable at a specified place and not elsewhere, presented there to charge any party.
- Section 69: payable at a specified place, presented there to charge the maker or drawer.
- Section 70: no exclusive place, presented at the place of business (if any) or usual residence.
- Section 71: no known place of business or fixed residence and no place specified, presented to him in person wherever found.
- Sections 69 and 70 speak of notes and bills; the text of these sections does not mention cheques.
Read next
- Hours of presentment and notes payable by instalments (sections 65-67)
- Presentment of cheque within reasonable time (sections 72-74)
- Presentment to agent or legal representative and excuse for delay (sections 75-75A)
- 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.