1[ 84 . When cheque not duly presented and dr awer damaged thereby
( 1 ) Where a cheque is not presented for payment within a reasonable time of its issue, and the dr awer or person on whose account it is dr awn had the right, at the time when presentment ought to have been made, as between hi mself and the banker, to have the cheque paid and suffers actual damage through the delay, he is discharged to the extent of such damage, that is to say, to the extent to which such dr awer or person is a creditor of the banker to a large amount than he would have been if such cheque had been paid.
( 2 ) In determining what is a reasonable time, regard sh all be had to the nature of the instrument, the usage of trade and of bankers, and the facts of the particular case.
( 3 ) The holder of the cheque as to which such dr awer or person is so discharged sh all be a creditor, in lieu of such dr awer or person, of such banker to the extent of such discharge and entitled to recover the amount from hi m.
Illustrations
(a) A draws a cheque for Rs. 1, 000, and, when the cheque ought to be presented, has funds at the bank to meet it. The bank fails before the cheque is presented. The drawer is discharged, but the holder can prove against the bank for the amount of the cheque.
(b) A draws a cheque at Ambala on a bank in Calcutta. The bank fails before the cheque could be presented in ordinary course. A is not discharged, for he has not suffered actual damage through any delay in presenting the cheque.]
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1. Substituted by Act 6 of 1897, sec. 3, for section 84.