Chapter V - Of Presentment
Section 75A
Section 75A: excuse for delay in presentment for acceptance or payment
Section 75A excuses a presentment delay caused by circumstances beyond the holder’s control, while requiring prompt action once the obstacle ends.
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Need advice on Section 75A?
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
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.
Applicability and limits
Applies to delay in presentment for acceptance or payment where an external circumstance, rather than the holder’s own default, misconduct or negligence, caused the delay.
It does not dispense with presentment indefinitely: once the cause ceases, the holder must act within a reasonable time.
Hypothetical example
Hypothetical: a flood shuts the only accessible branch on the due day. The holder preserves the closure notice and presents promptly after reopening.
Steps and evidence
Preserve the event and closure evidence.
Record when the obstruction ceased.
Document the first feasible presentment after that date.
Practical checklist
Do
- Record the circumstance outside the holder’s control.
- Check that holder default, misconduct or negligence did not cause the delay.
- Document when the cause ended and when presentment followed.
Avoid
- It does not dispense with presentment indefinitely: once the cause ceases, the holder must act within a reasonable time.
Glossary
- Presentment
- Formal production of the instrument to seek acceptance or payment.
- Reasonable time
- A fact-dependent period after the external cause ends; the section gives no fixed number of days.
Frequently asked questions
Does an external disruption excuse presentment forever?
No. Section 75A requires presentment within a reasonable time once the cause of delay ceases.
Does ordinary delay qualify?
No. The stated excuse requires circumstances beyond the holder’s control and excludes the holder’s default, misconduct or negligence.
What record helps establish the excuse?
Keep evidence of the external event, its duration and the later presentment.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026