Section 38
Negotiable Instrument Obtained By Unlawful Means
The person obtaining a Negotiable Instrument by means of any offence or fraud or unlawful consideration or the person, who found the lost Negotiable Instrument, cannot make a claim upon the amount mentioned on such instrument with Drawer, accepter or Holder of such Negotiable Instrument.
Negotiable Instruments Act, 2034 (1977)
Chapter - 2
Section 3: Ambiguous Negotiable InstrumentSection 4: Rights Of The HolderSection 5: Negotiable Instrument Without Payment DateSection 6: Difference Between Figure And LetterSection 7: The Additional Time LimitSection 8: Payment After The Specified PeriodSection 9: Calculation Of The Date Of MaturitySection 10: When Day Of Maturity Is A HolidaySection 11: Capacity Of PartiesSection 12: AgentSection 13: Liability Of An AgentSection 14: Liability Of An HeirSection 15: Liability Of DrawerSection 16: Liability Of The Bank Giving Payment Of The ChequeSection 17: Liability Of Maker Of Promisory Note And Acceptor Of Bill OfexchangeSection 18: Person Capable To Accept The Bill Of ExchangeSection 19: Liability Of EndorserSection 20: Liability Of The Parties To Holder In Due CourseSection 21: To Be Equivalent To Principal DebtorSection 22: Prior Party To Be Equivalent To Principal Debtor In Respect Of Eachsubsequent PartySection 23: Liability Of SuretySection 24: Discharge Of Endorser’s LiabilitySection 25: Bound To Be ResponsibleSection 26: Negotiable Instrument Without ConsiderationSection 27: Duplicate To Be Given
Chapter - 2
Section 3: Ambiguous Negotiable InstrumentSection 4: Rights Of The HolderSection 5: Negotiable Instrument Without Payment DateSection 6: Difference Between Figure And LetterSection 7: The Additional Time LimitSection 8: Payment After The Specified PeriodSection 9: Calculation Of The Date Of MaturitySection 10: When Day Of Maturity Is A HolidaySection 11: Capacity Of PartiesSection 12: AgentSection 13: Liability Of An AgentSection 14: Liability Of An HeirSection 15: Liability Of DrawerSection 16: Liability Of The Bank Giving Payment Of The ChequeSection 17: Liability Of Maker Of Promisory Note And Acceptor Of Bill OfexchangeSection 18: Person Capable To Accept The Bill Of ExchangeSection 19: Liability Of EndorserSection 20: Liability Of The Parties To Holder In Due CourseSection 21: To Be Equivalent To Principal DebtorSection 22: Prior Party To Be Equivalent To Principal Debtor In Respect Of Eachsubsequent PartySection 23: Liability Of SuretySection 24: Discharge Of Endorser’s LiabilitySection 25: Bound To Be ResponsibleSection 26: Negotiable Instrument Without ConsiderationSection 27: Duplicate To Be Given
Chapter - 3
Section 28: DeliverySection 29: Negotiation By DeliverySection 30: Effect Of IndorsementSection 31: Change Of IndorsementSection 32: Restriction Can Be Imposed To IndorseSection 33: Holder Deriving Title From Holder In Due CourseSection 34: Endorsement Or Negotiation Can Be DoneSection 35: Endorsement Can Be Done Whithout Persisting LiabilitySection 36: Indorsement For Part Of Sum DueSection 37: Negotiation By The HeirSection 38: Negotiable Instrument Obtained By Unlawful MeansSection 39: Negotiable Instrument Acquired After Dishonour Or When Overdue
Chapter - 4
Section 40: Presentment For AcceptanceSection 41: Drawee To Have TimeSection 42: Presentment Of Promissory NoteSection 43: Presentment For PaymentSection 44: Negotiable Instrument Payable At Specified PlaceSection 45: Negotiable Instrument Without Mentioning Place Of PaymentSection 46: In Case The Place Of Business Or Residence Is Not FixedSection 47: Presentment Of Cheque To Charge DrawerSection 48: Excuse For Delay In PresentmentSection 49: To Be Presented Within A Reasonable TimeSection 50: Presentment May Be Made To The Agent Of HeirSection 51: Situation To Be Arised When Presentment Is Not Made For ThepaymentSection 52: Compensation To Be Given For Negligence Or Mistake
Chapter - 5
Section 53: PaymentSection 54: InterestSection 55: Negotiable Instrument To Be Delivered On PaymentSection 56: Discharge From LiabilitySection 57: Discharge From The Liability By Allowing Additional TimeSection 58: Discharge From Liability Of Cheque Payable To The Bearer Orordered PersonSection 59: Discharge From Liability Of Payment Of DraftSection 60: Acceptance With ConditionsSection 61: Alteration Or Scratching And Erasing In The Bill Of ExchangeSection 62: Payment Of Negotiable Instrument On Which Scratching Anderasing Or Alteration Is Not ApparentSection 63: All Parties To Be Discharged From The Liability
Chapter - 6
Section 64: Dishonour By Non-acceptanceSection 65: Dishonour By Non-paymentSection 66: Notice Of DishonourSection 67: Mode In Which Notice May Be GivenSection 68: The Agent To Have Time To Give Notice Of DishonourSection 69: When Party To Whom Notice Given Is DeadSection 70: When Notice Of Dishonour Is UnnecessarySection 71: The Facts Of Dishonour Can Be Caused To Be Noted By NotarypublicSection 72: The Facts Of Dishonour May Be Taken By Certifying ItSection 73: Protest For Additional SecuritySection 74: Contents Of ProtestSection 75: Notice Of ProtestSection 76: Protest For Non-payment After Dishonour By Non-acceptanceSection 77: Protest Of Foreign Bills Of Exchange
Chapter - 8
Section 81: General Crossed ChequeSection 82: Special Crossed ChequeSection 83: Crossing After IssueSection 84: Payment Of Crossed ChequeSection 85: Payment Of A Cheque Bearing “account Payee”Section 86: Payment Of Cheque Crossed Specially More Than OnceSection 87: Payment In Due Course Of Crossed ChequeSection 88: Payment Of Crossed Cheque Out Of Due CourseSection 89: Cheque Bearing “not Negotiable”Section 90: Non-liability Of Banker Receiving Payment Of ChequeSection 91: Application Of This Chapter To Drafts
Chapter - 9
Section 92: Acceptance For HonourSection 93: How Acceptance For Honour Must Be MadeSection 94: Liability Of Acceptor For HonourSection 95: Payment For HonourSection 96: Alternative Drawee In Case Of NeedSection 97: Acceptance And Payment Without ProtestSection 98: Sets Of Bills Of ExchangeSection 99: Provisions Relating To The Foreign Negotiable InstrumentSection 100: Law Of The Country Of Payment Governs DishonourSection 101: Validity Of Bill Of Exchange Made Or Drawn In Foreign CountrySection 102: Presumption As To Foreign LawSection 103: Special Provisions Relating To The EvidenceSection 104: Estoppel Against Denying Capacity Of Payee To IndorseSection 105: Estoppel Against Denying Signature Or Capacity Of Prior PartySection 106: Appointment Of The Notary PublicSection 107: Determination Of CompensationSection 108: Limitation