plaintiff, that the suit is based upon the dishonoured bill of
exchange or cheque.
11. I have recently had an occasion to examine the
maintainability ... written contract
containing the liquidated amount or from a dishonoured bill of exchange or a
cheque. Once there are such documents, being a written contract
written
contract containing a liquidated amount, or a dishonoured bill of exchange
or a cheque or a guarantee containing the liquidated amount for filing ... plaintiff, that the suit is based upon the dishonoured bill of exchange or
cheque.
11. I have recently had an occasion to examine the maintainability
presented for acceptance and it is dishonoured a notice of dishonour becomes essential;
(3) that a bill of exchange payable at sight is not required ... being required to accept the bill of exchange makes default in so acceptance, the bill shall be regarded as dishonoured by non-acceptance as contemplated
accepting or indorsing bills of exchange so as to bind his principal. An authority to draw bills of exchange does not of itself import ... acceptance is qualified the bill may be treated as dishonoured. 92. Dishonour by non-payment.—
A promissory note, bill of exchange or cheque is said
Plaintiff, the Bill of Exchange has been executed on 8th May 1996. Further, the said Bill of Exchange was accepted by the Defendant ... staff members filling up the Bill of Exchange. The Plaintiff however asserts that the Bill of Exchange was filled up in the Office
three suits, the drawees have accepted the Bill of Exchange in writing on the Bills of Exchange. Section 32 provide as under :-
"32. Liability ... drawer of a Bill of Exchange,"
10. In the present case, admittedly there is no endorsement on the Bill of Exchange to the effect
plaintiffs, in a Commercial
Summary Suit, instituted on a bill of exchange that is dishonour of a
cheque. By the impugned order a conditional leave ... plaintiff as a holder of a bill of exchange or cheque on account of
dishonour by the drawee or by the acceptor. The learned Single
defines dishonour by non-acceptance, Section 92 defines dishonour by non-payment and says: 'A promissory note, bill of exchange or cheque is said ... maker of the dishonoured promissory note or the drawee or acceptor of the dishonoured bill of exchange or cheque." Now if we were
attracted only when a cheque is dishonoured on account
of insufficiency of funds. Dishonour of bill of
exchange will not attract the provisions of Section ... cheque is a
particular type of bill of exchange. A cheque is a bill
of exchange which contains an order to the banker
runs as follows:
"When a promissory note, bill of exchange or cheque is dishonoured by non-acceptance or nonpayment, the holder thereof, or some ... maker of the dishonoured promissory note or the drawee or acceptor of the dishonoured bill of exchange or cheque."
35. It is argued that