Under the Negotiable Instruments Act, 1881, how long does Section 75A excuse delay in presenting a cheque when the delay is caused by a bank strike?

Only while the cause of delay operates. Section 75A excuses delay in presentment caused by circumstances beyond the control of the holder and not imputable to his default, misconduct or negligence; but the moment the cause of delay ceases to operate, presentment must be made within a reasonable time. What is a reasonable time is determined under Sections 84(2) and 105 by the nature of the instrument, the usage of trade and of bankers and the facts of the particular case.

Consumer Protection Act, 1986 — s.2(g) — Consumer Protection Act, 2019 — s.2(11) — Negotiable Instruments Act, 1881 — s.75A — s.105 — s.138 — Deficiency in service — Presentment within validity period — Reasonable compensation — Consumer Protection Act, 1986 — s.2(g) — Bank receiving cheques for collection — Cheque allowed to become stale — Held: A bank receiving cheques for collection acts as an agent of the customer, bound to present them within the validity period. Allowing them to become stale, unexplained, is negligence in the discharge of banking duties and deficiency in rendering service. (¶59) Negotiable Instruments Act, 1881 — s.75A — Delay in presentment — Excuse ceases with its cause — Held further: Delay in presentment is excused only while circumstances beyond the control of the holder operate and are not imputable to his negligence. Once the cause of delay ceases to operate, presentment must be made within a reasonable time. (¶56) Consumer Protection Act, 2019 — s.2(11) — Quantum of compensation — Loss indeterminate — Held further: Compensation must be fair, reasonable and commensurate to the loss or injury proved. Where the loss stays indeterminate, only token compensation is due; 10 percent of the face value was reduced to 6 percent and the appeals disposed of. (¶69, 71, 72)

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