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. X has issued a cheque of ₹1,00,000 in favour of Y, but when Y deposited the cheque in bank, it gets bounced. What are the common reasons behind the bouncing of a cheque?
Answer & Explanation:
Following are the common reasons for which the cheque are returned: Refer to drawer: In the past, banks used to return cheques with this reason when there was no sufficient balance in drawer's account to honour the cheque. However, after addition of section 138 of the NI Act, 1881, it is now expected that no such reason for insufficiency of funds be given. When the drawer of the cheque becomes insane the cheque signed by him should be returned with the reason 'refer to drawer'. Except this situation, the reason should not be used. Not arranged for: Basically it means the drawer has not arranged funds in the account to honour the cheque. Effects not cleared, present again: Where drawer has deposited cheque which is sent for the clearing but not yet realised. Funds expected, present again: Where the drawer has submitted some bills for collection, the payment of which is expected to be received. Exceed arrangements: When the overdraft/Cash Credit facility sanctioned to the drawer will exceed the limit if the cheque is honoured. Payments countermanded (stopped) by the drawer. Drawer signature differs/required. Cheque is outdated (stale)/Post dated. Amount in words and figures differs. Although in such cases NI Act says that amount stated in words should be honoured, the general practice followed amongst bankers is to return such cheques. Cheque crossed to two banks (unless the presenting bank is acting as an agent for another bank whose crossing appears on the cheque). Alteration is not authenticated by the drawer (In CTS cheques with alteration are not accepted). Cheque mutilated.
Topics: Negotiable Instruments
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