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. Mr. Kunal draws a bill of exchange on ABC Ltd. in consideration of sale of goods of ₹1,00,000 directing to pay on demand to M/s Bhagwan Das Ramlal. From above Bill of Exchange explain who is drawee, drawer and payee. Define the parties to a bill of exchange.

Answer & Explanation:

Parties to the Bill of Exchange: Drawer: Mr. Kunal Drawee: ABC Ltd. Payee: M/s Bhagwan Das Ramlal Definition of Parties: 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 thereon the name of any person is given in addition to the drawee to be resorted to in case of need. Such a person is called "drawee in case of need". In case of a cheque, drawee is always a branch of a bank on whom the cheque is drawn. After the drawee of a bill has signed his assent upon the bill or if there are more parts thereof than one, on 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 "Acceptor". The person named in the instrument to whom or to whose order the money is to be to be paid is called "Payee".

Topics: Negotiable Instruments

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