‘Nakul’ made promissory note in favour of ‘Sahdev’ of `10,000 and delivered to him. ‘Sahdev’ indorsed the promissory note in favour of ‘Arjun’ but delivered to Arjun’s agent. Subsequently, Arjun’s agent died, and promissory note was found by ‘Arjun’ in his agent’s table drawer. ‘Arjun’ sued ‘Nakul’ for the recovery of promissory note. Whether ‘Arjun’ can recover amount under the provisions of the Negotiable Instrument Act 1881?

According to Section 48 of the Negotiable Instrument Act 1881, a promissory note, bill of exchange or cheque payable to order, is negotiable by the holder by indorsement and delivery thereof.\nFurther, delivery of an instrument is essential whether the instrument is payable to bearer or order for effecting the negotiation. The delivery must be voluntary, and the object of delivery should be to pass the property in the instrument to the person to whom it is delivered. The delivery can be, actual or constructive. Actual delivery takes place when the instrument changes hand physically. Constructive delivery takes place when the instrument is delivered to the agent, clerk or servant of the indorsee on his behalf or when the indorser, after indorsement, holds the instrument as an agent of the indorsee.\nIn the instant case, ‘Sahdev’ received a promissory note from ‘Nakul’ and indorsed the promissory note in favour of ‘Arjun’ and delivered to Arjun’s agent. Subsequently, Arjun’s agent died, and promissory note was found by ‘Arjun’ in his agent’s table drawer. ‘Arjun’ sued ‘Nakul’ for the recovery of promissory note.\nAn order negotiable instrument can be transferred by endorsement and delivery. As delivery to Arjun’s agent is sufficient delivery of promissory note to Arjun. Therefore, ‘Arjun’ is eligible to claim the payment of promissory note.