"Payment in due course is one made in accordance with the apparent tenor of the instrument that is according to what appears on the face of the instrument to be intention of the parties". Explain the conditions to qualif

CS Professional · Banking - Law & Practice · PYQS · December 2021
"Payment in due course is one made in accordance with the apparent tenor of the instrument that is according to what appears on the face of the instrument to be intention of the parties". Explain the conditions to qualify before the payment made to the customer by the Bank.

Answer & Explanation:

To qualify as payment in due course, the payment will have to comply with the following: There are sufficient funds in the account. Funds are meant for payment of such cheque. There is proper demand to make the payment. Payment should be made to the person entitled to the payment as well as who is in possession of the instrument. It should not be made before the due date. It should not be made with the knowledge that it may impair the rights of the holder to receive moneys or under reasonable grounds for believing that the holder in due course is not entitled to receive payment. The payment must be made in good faith and without negligence under circumstances which do not afford a reasonable ground for believing that he is not entitled to receive payment.

Topics: Negotiable Instruments

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