Is J liable to pay the bill under Negotiable Instruments Act

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J accepted a bill of exchange and gave it to K for the purpose of getting it discounted and handing over the proceeds to J. K having failed to discount it, returned the bill to J. J tore the bill in two pieces with the intention of cancelling it and threw the pieces in the street. K picked up the pieces and pasted the two pieces together, in such manner that the bill seemed to have been folded for safe custody, rather than cancelled, K put it into circulation and if ultimately reached L, who took it in good faith and for value. Is J liable to pay the bill under the

provisions of the Negotiable Instruments Act. 1881?   (5 Marks)

Replies (1)

Here L is a Holder in due course, because he acquired the bill in good faith and for value. (Sec 9)

J cannot deny the validity of the bill since no drawer or acceptor of a bill shall, in a suit by a holder in due course be permitted to deny the validity of the bill as originally drawn. (Sec 120)


Thus L is entitled to recover the bill amount from all prior parties including J since a holder in due course has the right to sue all the prior parties(sec 36)

 

 

(P.S. This ques was asked in PCC May 2010 exam)

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