धारा 51

The delivery of a negotiable instrument is defined under this section. According to Section 51 of the Negotiable Instruments Act, 1881, 'A promissory note, bill of exchange or cheque is said to be delivered when it is transferred from one person to another in such circumstances as to constitute the transferee the holder thereof.' The delivery of a negotiable instrument is essential for its validity and enforceability. The section further explains that the delivery of the instrument can be actual or constructive. Actual delivery refers to the physical transfer of the instrument, while constructive delivery refers to a situation where the instrument is placed in a position where it can be accessed and used by the transferee. The Supreme Court of India has held that delivery of a negotiable instrument is a question of fact, which needs to be proved by the party alleging it (Kokilambal v. M. A. Chidambaram, AIR 1962 Mad 264).