The Negotiable

Instruments Act 1881

Submitted by:
Dipak Kumar sah
BBA, 3RD SEM

Negotiable Instrument
According to Section 13(i) a negotiable
instrument means a promissory note, bill of
exchange or cheque payable either on order or to
bearer.
An instrument may be negotiable either by
1. Statute : Promissory Notes , bills of exchange
and cheques are negotiable instruments under
Negotiable Instruments Act 1881 .
2. By Usage : Bank Notes , Bank Drafts , scripts,
treasury Bills etc

Characteristics

It is freely transferable
Better title
Right to sue
A negotiable instrument can be transferred any
number of times till its maturity
A negotiable instrument is subject to certain
presumptions
Presumptions certain presumptions as to
consideration, reasonable time etc., apply to all
negotiable instruments.

Meaning of Endorsement
When a maker or holder writes the persons name
on the face or back of the instrument & puts his
signatures thereto for the purpose of negotiation,
it is called endorsement.
Person who signs endorser
To whom it is endorsed endorsee.
A legal term that refers to the signing of a
documentwhich allows for the legaltransfer of a
negotiablefrom one party to another.
When an employer signs a check, they are
endorsing the transfer of money from the
business accounts to the account of the
employee.

Kinds of endorsement
1. Blank or general endorsement where endorsee
simply puts his signature on the back of the
instrument without writing name of the person in
whose favor the instrument is endorsed.
2. Special or full endorsement An endorsement
with the direction to pay amount mentioned in
the instrument to a specified person or his order
& the endorser writes his signature under it.
3. Partial endorsement When an endorser is
willing to transfer to an endorsee only a part of
the amount of the instrument. Such an
endorsement does not operate as a negotiation
of the instrument.

 The instrument is therefore payable

to the bearer
Restrictive endorsement An
endorsement is said to be restrictive
if it prohibits or restricts the further
negotiability of the instrument. The
holder of such an instrument can
only receive the payment but he
cannot negotiate it further. An
instrument can be made restrictive
only by expressed words.
Conditional endorsement It limit
the liability of the endorser. E.G.

Types of
negotiable
instrument
1. Promissory notes
2. Bill of exchange
3. cheques

Promissory Notes
Section 4 defines it as, 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.
The person who makes the promissory note is
called the maker.
The person to whom payment is to be made is
called the payee. e.g.
I promise to pay B or order rs. 500
I promise to pay B Rs.500 on D death, provided D
leaves me enough to pay that sum

Essentials of Promissory Note

It must be in writing
It must contain express promise to pay :- I am liable
to pay
The promise to pay must be unconditional
It must be signed by maker
The maker must be certain- It must describe the name
& designation of the maker, sum of money
There are 2 parties involved i.e. maker and the payee
The payee must be certain- It is essential that it must
contain a promise to pay some person ascertained by
name or designation.
The sum payable must be certain
The payment must be in legal money
A currency note is not a promissory note

Bill of Exchange
Section 5, is defined as 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.
Parties to bill of exchange :
Drawer The person who makes/orders to pay bill of
exchange.
Drawee The person who is directed to pay on bill. On
acceptance he becomes acceptor.
Payee The person to whom the payment is to be made.
Drawer & Payee can be the same person.
X sells goods worth Rs. 2000 to Y & allow him 3 months time
to pay the price. X then draws a bill on Y Three months
after date, pay to my order the sum of Rs. 2000 for value
received. X is drawer . Y is Drawee.

Essential of Bills of Exchange

It must be in writing
It must contain an order to pay and a promise or
request
The order must be unconditional
There must be 3 parties i.e. : drawer, drawee,
and payee
The parties must be certain
It must be signed by the drawer
Number, date and place are not essential

Cheques
Section 6, defines it as A cheque is a bill of
exchange drawn on a specified banker & not
expressed to be payable otherwise than on
demand.
It is always drawn on a bank
It is payable to bearer on demand
Parties To Cheque:
1. Drawer who makes the cheque
2. Payee to whom payment is to be made
3. Drawee Bank .

Meaning of Crossing of Cheque

Crossing of a cheque is a unique feature associated
with a cheque affecting to a certain level the
responsibility of the paying Banker and also its
negotiable Character.
Crossing of a Cheque is a direction to a particular
Banker by the Drawer that Payment should not be
made across the Counter. The payment on the
crossed Cheque can be collected only through a
Banker.
Crossing of the Cheque is affected by drawing two
parallel Transverse lines .
The Cheque that is not crossed is an open Cheque.

Types of cheque
There are two types of cheque:
1. Open cheque those which can be en cashed
across the counter of the bank. Liable to great
risk if stolen or lost. Finder can get payment from
bank.
2. Crossed cheque which bears two transverse
lines with or without the words & co.

Various kinds of Crossing

1. General Crossing:- which bears across its face
the words & co. or the words not negotiable.
For general crossing two transverse lines on the
face of cheque are essential. The paying banker
shall pay only to a banker. There are two sloping
parallel lines, marked across its face
. The cheque bears an short form "& Co."between
the two parallel lines
. The cheque bears the words "A/c. Payee"
between the two parallel lines.
. The cheque bears the words "Not Negotiable"
between the two parallel lines.

Specimen of General Crossing

2. Special or Restrictive Crossing :- When a particular

bank's name is written in between the two parallel lines the
cheque is said to be specially crossed. Where a cheque
bears across its face an addition the name of banker either
with or without the words not negotiable. It contains:

The name of the banker across the face of cheque.

With the words not negotiable

In addition to the word bank, the words "A/c. Payee Only",
"Not Negotiable" may also be written. The payment of such
cheque is not made unless the bank named in crossing is
presenting the cheque. The effect of special crossing is that
the bank makes payment only to the banker whose name is
written in the crossing. Specially crossed cheques are more
safe than a generally crossed cheques.

Specimen of Special or
Restrictive Crossing

Why Crossing of Cheque is being

used
The important usefulness of a crossing cheque is that
it cannot be covered at the counter but can be
collected only by a bank from the drawee bank.
Crossing provides a protection and safeguard to the
owner of the cheque as by securing payment through
a banker it can be easily detected to whose use the
money is received. Where the cheque is crossed the
paying banker shall not pay it except to a banker.
In case of not negotiable crossing the person holding
such a cheque gets no better title than that of his
transfer and cannot suggest a better title to his own
transferee. In case of 'account payee' only crossing, a
direction is given to the collecting banker to collect
cheque and to place the amount to the credit of the
payee only.

Who can cross a Cheque

1. The drawer of a Cheque
2. Holder of the Cheque
3. The Banker in whose favor the cheque has been
crossed specially

Dishonor of cheque

Liability of drawee on dishonour Conditions (Sec.31)

If
the drawer has sufficient funds in the account; and
such funds are properly applicable to payment of the cheque
Then
the drawee is duly required to pay the cheque.
In case of default by drawee (i.e. Banker), the drawee shall
compensate the drawer for loss caused to him.

Liability of drawer on dishonour (Sec.138)

Nature of liability
Imprisonment 2 years (Maximum); or
Fine - 2 times the amount of cheque (Maximum); or
Both
Conditions
Debt - Cheque was issued to discharge a legally enforceable debt.
Reason for dishonour insufficiency of funds

Meaning of holder (Sec.8)

(a) He must be entitled to the
possession of negotiable instrument in
his own name.
(b) He must be entitled to receive or
recover the amount due on negotiable
instrument from the parties liable on
negotiable instrument.

Meaning of holder in due course

(Sec.9)
(a) He must be a holder.
(b) He must have become the holder for
consideration.
(c) He must have obtained the
possession of negotiable instrument
before maturity
(d) He must have obtained the
negotiable instrument in good faith.

Thank you