Sections 75-75A 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 75 lets presentment for acceptance or payment be made to the drawee's, maker's or acceptor's duly authorised agent, to his legal representative if he has died, or to his assignee if he has been declared an insolvent. Section 75A excuses delay in presentment caused by circumstances beyond the holder's control. This article reads both as per the consolidated text consulted.
Presentment may be made to the duly authorised agent, or after death to the legal representative, or after insolvency to the assignee, of the drawee, maker or acceptor (section 75). Delay is excused if it is caused by circumstances beyond the holder's control and not imputable to his default, misconduct or negligence; once the cause stops, presentment must be made within a reasonable time (section 75A).
Section 75: who can receive presentment
Section 75 reads: "Presentment for acceptance or payment may be made to the duly authorized agent of the drawee, maker or acceptor, as the case may be, or, where the drawee, maker or acceptor has died, to his legal representative, or, where he has been declared an insolvent, to his assignee."
The section names three recipients for the drawee, maker or acceptor:
| Situation | Presentment may be made to |
|---|---|
| The party is alive and solvent, but acts through someone | The duly authorised agent |
| The party has died | His legal representative |
| The party has been declared an insolvent | His assignee |
Points to notice
- It covers presentment for acceptance or payment.
- The agent must be duly authorised. A person who merely happens to be at the shop is not named by the section. The extent of an agent's authority is a matter of agency law; see Section 188 of the Indian Contract Act, 1872: Extent of Agent's Authority and, for who is an agent, Section 182 of the Indian Contract Act, 1872: Agent and Principal Defined.
- The section uses "legal representative" and "assignee" without defining them; the text consulted contains no definition and none is supplied here.
- The section says presentment "may be made". It lets the holder present to these persons. It does not say what is due if the agent refuses.
If you are a holder and an agent or representative has turned your presentment away, a legal consultation can help you decide your next step once the facts are on the table.
Example 1. Gupta Brothers hold a bill accepted by Khanna Enterprises. Khanna Enterprises has authorised its accounts manager to deal with bills. Gupta Brothers present the bill to the accounts manager. Section 75 allows presentment to the duly authorised agent.
Example 2. The maker of a promissory note, Lal, has died. The holder presents the note to Lal's legal representative. Section 75 allows it.
Section 75A: excuse for delay
Section 75A reads: "Delay in presentment for acceptance or payment is excused if the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct or negligence. When the cause of delay ceases to operate, presentment must be made within a reasonable time."
The section has two rules.
Rule 1: the excuse. Delay is excused if:
- it is caused by circumstances beyond the control of the holder; and
- it is not imputable to his default, misconduct or negligence.
Both elements must be satisfied. A cause that was beyond the holder's control but which he made worse by negligence is outside the excuse.
Rule 2: the restart. "When the cause of delay ceases to operate, presentment must be made within a reasonable time." The excuse does not suspend the duty to present indefinitely. Once the cause ends, the holder must present within a reasonable time.
What the text does not say
Section 75A does not give examples of circumstances beyond the holder's control and does not list them. The text consulted gives no definition of "reasonable time" in this section and no day count. We do not add examples beyond the plain reading of the words.
Example 3. Mishra Agencies holds a cheque and plans to present it on the first working day after the issue. Before it can do so, circumstances outside its control prevent it from reaching the bank, and Mishra Agencies did nothing careless to cause that. Under section 75A the delay is excused. Once the cause stops operating, Mishra Agencies must present within a reasonable time.
Example 4. A holder keeps a cheque in a drawer for weeks without any obstacle. Section 75A does not help, because the delay was not caused by circumstances beyond his control and is imputable to his own default or negligence.
How the sections work with the rest of the presentment rules
Sections 61 to 74 set out when, where and to whom presentment is made. A default in presentment generally leaves the other parties not liable to the holder; see presentment for payment and truncated cheques. Section 75A is a safety valve against that harsh result where the delay was not the holder's fault. For the cheque-specific timing tests, see presentment of cheque within reasonable time.
Section 76, covered in the next articles in this series, goes further and lists cases where presentment is unnecessary altogether.
Practical points
- Check authority before presenting to an agent. Ask for the written authority or confirm the agent's role. Section 75 speaks of a "duly authorized" agent.
- Keep a log. If there is a delay, record what caused it, when it began and when it ended. Section 75A depends on showing the delay was beyond your control and not your fault.
- Present promptly once the cause ends. The section requires presentment within a reasonable time after the cause of delay ceases.
- Do not rely on the excuse for ordinary delay. The excuse is narrow, because it requires both conditions.
Need help with a presentment problem?
If a presentment was made to an agent, a representative or an assignee, or was late for reasons you say were outside your control, a legal consultation can help you set out the facts against sections 75 and 75A. Bring the instrument and a dated note of what happened.
Key takeaways
- Section 75: presentment for acceptance or payment may be made to the duly authorised agent, the legal representative of a deceased party, or the assignee of an insolvent.
- Section 75A: delay is excused if beyond the holder's control and not imputable to his default, misconduct or negligence.
- When the cause of delay ends, presentment must be made within a reasonable time.
- The text gives no examples of excusing circumstances and no day count.
Read next
- Presentment of cheque within reasonable time (sections 72-74)
- When presentment is unnecessary and banker's negligence (sections 76-77)
- Place of presentment for payment (sections 68-71)
- Section 138 time limits: critical deadlines
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.