Read the case below carefully and answer the questions given at the end: A Negotiable Instrument (NI) means a promissory note, bill of exchange or cheque payable either to order or to bearer. Negotiable Instrument may be
CS Professional · Banking - Law & Practice · PYQS · December 2020
Read the case below carefully and answer the questions given at the end: A Negotiable Instrument (NI) means a promissory note, bill of exchange or cheque payable either to order or to bearer. Negotiable Instrument may be made payable to two or more payees jointly, or in the alternative to one of the two, or one or some of several payees. A Promissory Note is an instrument in writing containing an unconditional undertaking, signed by the maker to pay a certain sum of money only to, or to the order of, a certain person or to the bearer of the instrument. A Bill of Exchange is an instrument in writing containing an unconditional order, signed by the maker, directing a certain person to pay a certain sum of money only to, or to the order of a certain person or to the bearer of the instrument. A Cheque is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of a truncated cheque and a cheque in the electronic form. The maker of a bill of exchange or cheque is called the drawer, the person thereby directed to pay is called drawee, when in the bill or in any endorsement there on the name of any person is given in addition to the drawee to be resorted to in case of need after the drawee of a bill has signed his assent upon the bill, or if there are more parts thereof than one, one of such parts and delivered the same, or given notice of such. Signing to the holder or to some person on his behalf, he is called the acceptor. The person name in the instrument, to whom or to whose order the money is to be paid is called payee. The 'holder' of Negotiable Instrument means any person entitled in his own name to possession thereof and to receive or recover the amount due thereon from the parties thereto. The 'Holder in due course' mean any person who for consideration became the possessor of Negotiable Instrument, if payable to bearer or the payee or endorsee thereof if payable to order, before the amount mentioned in it became payable and without having sufficient cause to believe his title of the person from whom he derived his title. When banker dishonour a cheque of a customer, appropriate reason in writing, duly singed by its official must be given. Such cheque may either be returned across the counter or through clearing. What are the Negotiable Instruments in the banking? Explain types and presumptions of Negotiable Instruments.
Answer & Explanation:
Negotiable Instruments (NI) Negotiable Instruments (NI) has not been defined directly in the NI Act, 1881 but as per Section 13, a NI means and includes A Promissory Note, A Bill of Exchange, and A Cheque payable to order or Bearer. In this regard the following are the forms of Negotiable Instruments: Promissory Note (PN): is an instrument in writing, containing an unconditional undertaking (or promise), signed by the maker, to pay a certain sum of money, to or to the order of a certain person or to the bearer of the instrument. Bill of Exchange (BOE): is an instrument in writing, containing an unconditional order, signed by maker, directing a certain person to pay a certain sum of money only to, or to the order of, a certain person or to the bearer of the instrument. Cheque: is a bill of exchange drawn on a specified bank and not expressed to be payable otherwise than on demand. It includes electronic image of a truncated cheque and also an electronic cheque. Though directly not defined under Section 13 of the NI Act, 1881, Demand Drafts are also considered for practical purposes included as a part of Negotiable Instruments by virtue of Section 85(A) and Section 131 (A) of the NI Act, 1881. It is to be noted that as per section 21 of the Indian Currency Act, 1861, a Currency Note is not a negotiable instrument. Negotiable instruments under section 137 of the Transfer of Property Act, 1882, documents of title to goods such as Bill of lading, Dock warrant, GRs approved by IBA, Railway Receipts, Warehouse Receipt, Wharfinger Certificate. All the above examples are also the document of title to goods under Sale of Goods Act, 1930. Presumption with regards to Negotiable Instruments: Section 118 of the NI Act, 1881 provides certain presumptions regarding to NIs, until the contrary is provided: NI was made, drawn, accepted, endorsed and negotiated or transferred for consideration. It bears the date on which it was made or drawn. It was accepted within a reasonable time after it's date and before maturity. Every transfer of NI was made before maturity. Endorsements appearing on NI were made in the order in which they appear thereon. It was duly stamped and stamp duly cancelled, when the NI stands lost. Holder is holder in due course. The burden of proof that the instrument is contrary to all/any of the above presumptions is with the person who challenges such presumptions.
Topics: Negotiable Instruments
Related Questions in this Topic
- "Cheques payable to a firm should not be credited to the private account of a partner without the concurrence of the oth...
- Read the following statements carefully. State whether True/False with reasons: In case the banker refuses payment wron...
- "Payment in due course is one made in accordance with the apparent tenor of the instrument that is according to what app...
- Explain the following statements in brief on the point of reasoning: (ii) "Not Negotiable" Crossing does not mean "Not ...
- Read the case below carefully and answer the questions given at the end: A Negotiable Instrument (NI) means a promissor...