A, an 18-year-old adult of sound mind, executes a written instrument in favour of B stating, "I promise to pay B ₹ 75,000 on 1st April next year." A is fully competent, has signed the note, and the instrument contains all essential elements of a promissory note. B sues A for recovery after 1st April when A defaults. Examine the correct legal position.
AIBE - 2026,
Answer: B
The promissory note is valid and A is liable to pay B.
Under Section 4 of the Negotiable Instruments Act, 1881 a promissory note is an unconditional written undertaking, signed by the maker, to pay a certain sum of money to a certain person. The note described has all those elements.
A became a major on turning eighteen under the Indian Majority Act, 1875, so the note is not voidable for minority. A note need not state its consideration, because Section 118 presumes that every negotiable instrument was made for consideration. And no witness or attestation is required for a promissory note to be valid.
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