Chapter V - Of Presentment
Section 72
Section 72: presentment of cheque to charge drawer
Section 72 addresses presentment at the drawee bank when seeking to charge the cheque drawer, subject to Section 84.
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Need advice on Section 72?
This article is for general information. Refer to the Negotiable Instruments Act, 1881 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Subject to the provisions of section 84, a cheque must, in order to charge the drawer, be presented at the bank upon which it is drawn before the relation between the drawer and his banker has been altered to the prejudice of the drawer.
Applicability and limits
To charge a cheque drawer, present the cheque at the drawee bank before the drawer–bank relationship changes to the drawer’s prejudice, subject to Section 84.
The section does not mean every delay automatically discharges the drawer; Section 84 addresses actual damage from delayed presentment.
Hypothetical example
Hypothetical: a business holds a cheque while the drawer’s bank later fails. It checks when presentment should have occurred and whether the drawer suffered the statutory prejudice.
Evidence and decision flow
Identify the drawee bank and drawer.
Record presentment date and any change in the bank relationship.
Review Section 84 for alleged damage through delay.
Practical checklist
Do
- Identify the bank on which the cheque is drawn.
- Record the presentment and return dates.
- Check Section 84 if delayed presentment is alleged to have prejudiced the drawer.
Avoid
- Do not assume one statutory step replaces a separate presentment, dishonour or notice requirement.
Glossary
- Drawer
- Person who writes and signs the cheque.
- Drawee bank
- Bank on which the cheque is drawn.
Frequently asked questions
Is presentment at the drawee bank relevant to drawer liability?
Yes. Section 72 states that requirement, subject to Section 84.
Does every delayed cheque presentation release the drawer?
No. Read Section 72 with the Section 84 qualification and facts of prejudice.
Does Section 72 define cheque validity?
No. It addresses presentment relevant to charging the drawer.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026