Cheque BounceSection 118, Negotiable Instruments Act, 1881

Section 118 NI Act

What default assumptions does the law make about a cheque or other negotiable instrument?

Short answer

The law assumes the instrument was made for value, dated correctly, accepted promptly, transferred before it matures, endorsed in order, properly stamped if lost, and that the holder is a holder in due course, unless proven otherwise.

In detail

Under the Act, unless someone can prove otherwise, a negotiable instrument such as a cheque is presumed to have been created for some value (consideration). If it shows a date, it is taken to have been drawn on that exact day. An accepted bill of exchange is assumed to have been accepted within a reasonable period after its date and before it expires. Any transfer of the instrument is presumed to have happened before its maturity date. The endorsements (signatures) on the instrument are considered to be in the same order they appear. If a promissory note, bill of exchange, or cheque is lost, it is assumed to have been properly stamped. Finally, the person holding the instrument is treated as a holder in due course, meaning they have a clean title, unless the instrument was obtained through crime, fraud, or illegal consideration, in which case the holder must prove their clean status.

Reviewed by LegalX Editorial · 3 September 2026View sourcePowered by IKanoon

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Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.

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