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The Negotiable Instruments Act, 1881
IPCC Paper-2: Business Laws, Ethics &Communications Chapter 2
CA. Chiranjiv Sodhi
1
Learning Objectives
1 • What is a Negotiable Instrument?
2 • Promissory Note
3 • Bills of Exchange
4 • Cheques
5 • Types of Instruments
6 • Liabilities of Parties
7 • Accommodation Bills
8 • Negotiation & Assignment
9 • Discharge of Parties
2
Abbreviations Used
• Negotiable Instrument NI • Promissory Note PN • Bill of Exchange BE • Holder in Due Course HDC
3
What is a Negotiable Instrument?
It is an instrument- which is transferable by delivery, like cash, and is also capable of being sued upon by the person holding for the time being.
Section 13 of NI Act 1881 mentions only three kinds of NI viz: Bills, Notes & Cheques.
4
Characteristics of Negotiable Instrument
Easy Negotiability ,
Transferee can sue in his own name without giving notice to debtor
Better title to a transferee for value,
Written & Signed
5
Presumption as to NI
Consideration
Date
Acceptance within reasonable time
Transfer before maturity
Sequence/order of endorsements
A lost NI was duly stamped
Holder of NI
6
In nutshell
either by delivery or by an endorsement & delivery.
which is transferable from one person to another
specified in it -and-
entitling a person to a sum of money
a written & signed document
A Negotiable Instrument is
7
As per Section 31 of Reserve Bank of India Act:
No person in India other than the RBI or the Central Govt. can
make or issue a promissory note
payable to bearer.
No person India other than the RBI or the Central Govt. can draw or accept a bill of exchange and a
promissory note payable to bearer on
demand.
A cheque payable to bearer on demand
can be drawn.
8
Promissory Note
An Intro.
9
Promissory Note - Section 4
a certain person or to the bearer of the instrument.
to pay a certain sum of money only to or to the order of
signed by the maker
containing an unconditional undertaking
A promissory note is an instrument in writing (not being a bank note or a currency note)
10
Essentials of a Promissory Note
• It must be in writing 1 • Promise to pay 2 • Unconditional Promise 3 • It must be signed 4 • Certainty about maker & amount 5 • Payee must be certain. 6
11
Points to be noted
An antedated or post dated instrument is not invalid.
An undated instrument will be treated as having been made on the date of its delivery.
Place and date of making it need not to be mentioned.
Consideration need not to be mentioned.
12
Bills of Exchange
An Intro.
13
Bills of Exchange
First of all, we must know how a bill of exchange ordinarily comes into existence.
Suppose “A” sells goods worth Rs 1000/ to “B” on credit and allows him three months time to pay the price.
“A” will draw a bill on “B”.
After signing the bill A will present it to B for acceptance.
Now A is the drawer and B is the drawee.
After acceptance…… A is the drawer and B is the acceptor.
14
Bills of Exchange
Bill is an unconditional written order
signed by the drawer,
directing a certain person to pay
a certain sum of money
to the specified person or to his order or to the bearer of the bill.
15
Essentials of a Bill of Exchange
Money only
Certainty regarding amount
Certainty regarding parties
Duly signed
Unconditional
Order to pay
In writing
16
Promissory Note Vs. Bill of Exchange
Notice of dishonour
Payable to bearer
Maker’s position
Nature of liability
Acceptance
Promise & Order
Number of parties
17
It should be noted that neither a PN nor a BE can be made payable to bearer on demand
Cheque
An Intro.
18
Cheque - Section 6
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 truncate cheque and a cheque in
the electronic form.
All cheques are biils of exchange, but all bills of exchange are not
cheque.
19
Similarities Between Bill & Cheque
1 • Regarding Nature
2 • Regarding Parties
3 • Drawer & Payee
4 • Written & Signed
5 • Unconditional Order
6 • Endorsement
20
Cheque Vs. Bill Of Exchange Differences
A Cheque is always drawn on a banker- while a bill may be drawn on any person including a banker.
A cheque can only be drawn payable on demand- whereas a bill may be drawn payable on demand or on the expiry of certain period.
A cheque drawn payable to bearer is valid- but a bill drawn payable to bearer is absolutely void
A cheque does not require any acceptance- whereas a bill requires acceptance.
A cheque does not require any stamp- whereas a bill of exchange must be properly stamped.
Three days of grace are allowed while calculating the maturity date in case of time bills- Since a cheque is always payable on demand, there is no any days of grace.
21
Cheque Vs Bill of Exchange - 2
Unlike cheque, bills can not be crossed.
Unlike bills, there is no system of noting or protest in case of a cheque.
The drawer of a bill is discharge from liability if it is not presented, but the drawer of cheque will not be discharge by delay of the holder in presenting it for payment unless failure of the bank.
22
Crossing of Cheques
General Crossing (Sec 123)
Special Crossing (Sec 124)
Not Negotiable Crossing (Sec 130)
23
Crossing of Cheques - 2
Account Payee
Crossing
Not Negotiable A/C Payee Crossing
Opening Of Crossing
24
Holder
25
Holder (Section 8)
The holder of a N.I. means any person entitle to the possession of the instrument in his own name and to receive
the amount due thereon from the parties liable thereto.
26
Holder In Value
Holder in value means as regards all parties prior to himself, a holder of an instrument for
which value has at any time been given.
27
Holder In Due Course (Section 9)
A Holder in Due Course means a holder- who takes the instrument bona fide- for value -before it is overdue, and
without any notice of defects in the title of the person, who transferred it to him.
28
Privileges of a Holder in Due Course
He gets a better title than that of the
transferor
Privilege in case of inchoate stamped
instruments (Sec. 20)
Liability of prior parties
Privilege in case of Fictitious bills
(Sec. 42),
Privilege when an instrument delivered
conditionally is negotiated
Estoppel against denying original
validity of instrument (Sec. 120)
Estoppel against denying capacity of
payee to indorse
29
Example of Inchoate Stamped Instrument
A signs his name on a blank but
stamped instrument and
gives to B with an authority to fill up
as a note for a sum of Rs 4000 only.
But B fills it for Rs 5000 and then
transfers it to C for a consideration of Rs 5000 who takes
it in good faith.
Here C is entiled to recover full
amount of the instrument
because he is HDC. But B, being a holder, can not
recover the amount because
he filled in the amount in excess
of his authority
30
Example of Conditional Instrument
If I give a cheque to a shopkeeper with the
condition that he should not encash the cheque till he supplies
me the goods,
anybody encashing the cheque prior to
fulfilling the condition is liable to return the
money except the holder in due course.
31
Example of better title to HDC
If P obtains an instrument payable to bearer by theft or fraud, or for an unlawful consideration, he cannot sue on it.
But if P transfers the instrument (being a bearer one) to R under circumstances (for value in good faith) which make R a holder in due course, R can sue on the instrument.
The party liable to pay can take, as against P, the defence of theft or fraud, but as against R he will not be allowed to take such a defence.
32
Types of Instruments
An Intro.
33
Time Instruments
An instrument payable after happening of a certain event is also called as time instrument.
An instrument payable after a fixed time or on specified date is termed as time instrument.
34
Demand (at sight) Instruments
When no time of payment is specified, it is payable
on demand.
When it is expressed to be payable on demand or at a sight or presentation, it is demand instrument
35
Bearer Instruments
When the only or last endorsement is in blank.
An NI is said to be a bearer instrument if it is expressed to be so payable; or
36
Order Instrument
When it is expressed to be payable to the order;
or
When it is expressed to be payable to a particular
person and does not contain the words
prohibiting or restricting its transfer.
37
Ambiguous Instrument - Sec 17
In such a case the holder may either treat it as a bill or a promissory note. But once he has made his choice the
instrument shall henceforth be treated accordingly
Ambiguous instrument means an instrument which may be treated as a bill or as a promissory note
38
Ambiguous Instrument - 2
In the following cases, instrument is an ambiguous instrument:
39
when the drawer and drawee of a bill are the same person
where the drawee of a bill is a fictitious person
where the drawee of a bill is a person not having capacity to contract.
Inchoate Instrument
It is an instrument that is signed and duly stamped but otherwise wholly or partially blank.
Where one person sign and deliver properly stamped by wholly or partly blanked instrument, such incomplete instrument is called inchoate instrument
40
ESCROW
When a NI is endorsed and delivered conditionally or as collateral security, it is called
escrow.
In this case, property in the instrument does not passes to the endorsee, he is merely a
bailee with limited title and power of negotiating it. However, it does
not affect the rights of a HDC.
41
Forged Instruments
The holder of a forged
instrument cannot enforce
payment therefore.
The true owner can compel
debtor to pay it again to him.
Even a holder in due course can
not claim payment on
forged instrument.
42
Accommodation Bill
An Intro.
43
Accommodation Bill
X draws a bill (payable to himself) on Y, Y accepts the bill without consideration just to accommodate X to enable X to raise money from market by negotiating the bill in the market. This is accommodation bill.
Though Y accepts the bill, X is primary liable to the bill. He can not demand amount from Y.
However If X transfer the bill, after maturity to Z for good consideration, and Z becomes the holder in good faith- Z is entitle to recover the amount.
44
Accommodation Bill - 2
No presentation for payment does not discharge the drawer
All benefits of holder in due course
Liability for subsequent holder for value
No obligation for payment
No creditor-debtor relation
No consideration
45
Maturity of Negotiable Instruments
An Intro.
46
Maturity of Negotiable Instruments:
Exclude the day on which instrument is presented for acceptance or sight or on which the event happens.
If the month has no corresponding date, on the last day of such month.
Payable after a stated number of months, 3 days after the corresponding date of the month of payment.
Rules for calculating maturity:-
47
Rules for calculating Maturity …..
If maturity day is a public holiday/ Sunday, immediate preceding business day shall be deemed as maturity day.
If it is an emergency holiday, then on subsequent date..
If instrument is payable on installments, 3 days grace will be allowed on each installment
48
Negotiating
An Intro.
49
Negotiating of Negotiable Instruments
• Negotiation means transfer of a NI by one person to another in order to make the transferee the holder of the instrument.
NEGOTIATION
• Assignment of a NI means transfer of ownership of the instrument from one person to another (assignor to assignee).
ASSIGNMENT
50
Negotiation Vs. Assignment
• Consideration 1 • Title 2 • Notice of transfer 3 • Mode 4
51
Negotiable Back
An instrument is said to have been negotiable back, when a person who has been a party to NI takes it again.
52
Example
Here B is the person who is the prior party to the instrument .
53
A B
B C
C D
D B
Example – Cont.
Every subsequent party may sue every prior party. Hence
B can sue D, D can sue C and C can sue B. • To prevent this, section 52 of NI enacts an exception to the general rule
to provide that HDC may sue all the prior parties thereto.
Hence B can not sue C or D, he can sue A.
54
Liabilities
An Intro.
55
Liability of Legal Representative - Section 29
The Legal Representative of a deceased person, who signs his own name on the instrument, is personally liable to the entire amount.
But he can expressly limit his liability to the extent of the assets received by him as Legal Representative .
56
Liability of a Drawer (Section 30)
It may be noted that the drawer may, by an expressed stipulation in the instrument, limit or exclude his liability.
The drawer’s liability is conditional and secondary. It arises only in the event of dishonour by drawee or acceptor.
57
Liability of Drawee of Cheque (Section 31)
The drawee of a cheque is
always a banker.
It is the duty of the banker to pay the cheque provided he has
sufficient funds of drawer in his hands and the funds are properly
applicable to such payment.
If the banker refuses payment without any sufficient cause
being shown, he must compensate the drawer any loss caused by such improper refusal
58
A Banker is Justified to Dishonour the Cheque in following cases:
If the cheque is undated;
If it is stale, that is if it has been not presented within prescribed time;
If it is inchoate and not free from reasonable doubt;
If the cheque is post dated and it is presented before that date;
If the drawer’s funds are not properly applicable to the payment of cheque;
59
A Banker is Justified to Dishonour the cheque in following cases…………
If the banker receives the notice of customer’s insolvency or lunacy;
If there is any order by court for attachment of the account;
If the banker has received the notice of death of the drawer;
If notice of closure of account has been served by either parties;
If it contains material alternations, irregular signature or irregular endorsement.
60
Liability of Maker of Note and Acceptor of Bill (Sec 32)
The maker of a note is bound to
pay the amount on maturity
Under section 32 of the Act, the liability
of an acceptor arises only when
he accepts the bill.
61
Liability of an Endorser (Sec.35)
Every endorser who endorsed an instrument
before its maturity is liable to the parties that are subsequent to him.
And his liability arises only if there is a default
by the party who is primary liable to pay the instrument on maturity.
62
Liability of Parties to Holder in Due Course (Sec 36)
Every prior party to an instrument is liable to a holder in due course until the instrument is satisfied
63
Effect of Forged Endorsement on Acceptor’s Liability (Sec 41):
The acceptor can not be relieved from the liability knowing that the endorsement is forged
64
Liability of Acceptor of a Bill Drawn in a Fictitious Name (Sec 42)
Suppose: X uses a fictitious name in drawing a bill upon Z. Then he endorses the bill in the same fictitious name
to Y, who presents the bill to Z for acceptance.
Now if Z accepts the bill, he will be liable for payment in spite of fact that the name of drawer is fictitious.
65
Liability on an Instrument Drawn, etc. without Consideration: Sec 43:
Such an instrument creates no obligation of payment
between the parties to the transaction.
Example: If a PN is delivered by the maker to the payee as a gift, it can not be endorsed
against the maker by the payee.
66
Bouncing of Cheque
Dishonour of cheque due to insufficient funds is an
offence.
The drawer, u/s 138, will be punishable with an
imprisonment up to 2 years or with a fine twice the
cheque amount or with both
67
However, in order to attract the penalties, following conditions must be satisfied
Complaint within 1 month
Notice- demanding payment within 15 days;
Cheque must be present within validity period;
Payment should be for discharge of liability;
Dishonour due to Insufficient funds;
68
Question
A drawer of a cheque after issuing the cheque, informs the
drawee not to present cheque as well as informs bank to stop
payment. Does it constitute an offence under the Act?
Once a cheque is issued by the drawer, a presumption u/s 139 follows. Merely because the
drawer issues a notice thereafter to drawee or to the bank for
stoppage of payment does not discharge the drawer from his
liability.
Hence he shall be deemed to have committed an offence.
69
Rights & Obligations
An Intro.
70
Rights & Obligations - Finder of Lost Instrument
Endorsee of HDC can also recover the amount.
Holder in due course can recover the amount;
True owner can recover the amount;
Finder will not get good title;
71
Rights & Obligations of Person who had obtained the instrument by Unlawful Means
The possessor will not get good title
Holder in due course can get good title
X steels a bill from acceptor; X does not get any good title of it. – If X collected the proceeds of
bill, the acceptor can recover it from X–
If X endorses the bill to Y against value and If Y is HDC, Y can recover the money from X but no
from other party
72
Forged Instruments
73
Forged Instruments
As a general rule, a forged signature is worthless, having no legal impact.
The holder of a forged instrument cannot enforce payment therefore.
The true owner can compel debtor to pay it again to him.
Even a HDC can not claim payment on forged instrument
74
Forged Instruments – Imp. Points
Person who forges an instrument, gets no title on the instruments, even holder in due course can
not claim.
The holder of instrument, who has acquired it after dishonour, has as against
the other parties, only rights thereon of his
transferor
75
Forged Instruments…….
If the instrument is acquired after maturity, the holder of an overdue instrument is affected by
the defect in the title of his transferor .
76
Example
P is a drawer and Q is the drawee and
acceptor. Q deposits some goods with P
as collateral security.
The bill, not having been paid on
maturity, P sells the goods and retained
the money.
Now P endorses the bill (after maturity) to R. R having rights of
P can not recover money from Q.
But if R was a bona fide endorsee before
maturity, then he could realize money
from Q
77
Forged Instruments…….
In an accommodation bill or note, a defect in the title of the transferor does not affect the title of the holder acquiring after maturity.
78
Hundi
Darshani hundi
Miadi hundi or Muddati
hundi Shah Jog
hundi
Nam Jog hundi
Jokhmi hundi
Dhani Jog Hundi
79
Presentation of Instruments
80
Presentation of Instruments
Presentation means showing a NI to the drawee, acceptor or maker for:
acceptance,
sight, or
payment
81
Presentation for Acceptance
A bill payable on demand or at a sight, or on certain fixed date need not to be presented for acceptance unless it is specifically agreed that such a bill is to be presented for acceptance.
But presentation of acceptance is obligatory in case of a bill payable some period after sight or after presentation or when there is an express stipulation in the bill that it shall be presented for acceptance.
82
Modes of acceptance:
• When the drawee, while accepting the bill, does not attach any condition or qualification to it, it is called general acceptance.
General Acceptance:
• The acceptance is qualified when it is given subject to some conditions or qualifications
Qualified Acceptance :
83
Presentation for Acceptance to Whom
The drawee or his duly authorized agent;
His legal representative, if the drawee has died;
His assignee, if the drawee has been declared insolvent;
- All the drawees, if there are several drawees unless they are partners or agents of one another.
84
Presentation for Acceptance Excused
The drawee is a fictitious or incompetent person;
He cannot be found after reasonable search
Although the presentation has been irregular, acceptance has been refused on some other ground.
85
Acceptance for Honour
Acceptance for honour means the acceptance given by some stranger when the original drawee refuses to accept or to give better security when demanded by a notary. The stranger may accept the bill of the honour of any party already liable thereto. Such stranger is called an acceptor for honour or acceptor supra protest
86
Conditions - Valid Acceptance for Honour
That the bill has been noted or protested for non acceptance or better security,
Acceptance has been made with the consent of holder,
The acceptor for honour is not already liable on the bill,
that the acceptance is for the honour of any party already liable on the bill, and
that the acceptance is by writing on the bill.
87
Presentation for Sight
A Promissory Note payable after sight- must be presented to the maker
for sight- to determine the maturity. It should be present during office
hours, and on a business day.
88
Presentment for Payment
PN, BE and Cheques must be presented for payment to
the maker, acceptor or drawee thereof respectively, by or on behalf of the holder.
If default is made, the parties other than parties
primarily liable are discharged of their liability
(Sec 64)
89
Presentation for payment- When & Where?
Presentation for payment must be made during usual business hours. It must be
made : at the place of
payment specified in the
instrument;
if no place is specified, at a
place of business or residence;
in any other case, wherever the
party liable to pay can found.
90
Presentation for Payment to Whom?
To the drawee, maker or acceptor, as the case may be or to their duly authorized agent;
To legal representative, if drawee, maker or acceptor has died;
To the assignee, where drawee, maker or acceptor was declared insolvent.
91
Presentation for Payment is not necessary in the following cases:
Where it is intentionally prevented by the maker, drawee or acceptor; or
Where the business of the maker, drawee or acceptor is closed or he can not be found after a reasonable search, or there is no person at the place of payment; or
Where there is a promise to pay, notwithstanding non presentation; or
92
Presentation for Payment is not necessary in the following cases: - 2
Where payment is expressly or impliedly waived; or
Where the bill is dishonoured by non acceptance; or
Where the drawee is a fictitious person; or
Where the presentation becomes impossible.
93
Payment for Honour
Just as a bill may be accepted for the honour of a party to bill, it may also be paid for the honour of a party liable to pay the bill.
After payments he can recover from that person or any party prior to him.
94
Dis-honour by Non-Acceptance(Sec 91)
Not accepted by drawee within 48 hours of presentation;
Default in acceptance;
Qualified acceptance;
Presentment is excused and the bill remains unaccepted;
Drawee is incompetent to contract.
95
Dis-honour by Non Payment (Sec 92)
When the party primarily liable makes default in payment.
When presentment for payment excused and the instrument when overdue, remains unpaid, under section 76 of the Act.
96
Distinction between dishonour by non acceptance and non payment:
If a bill is dishonoured for non acceptance, there is no right of action against the drawee as he is not a party to the bill. The holder of bill can proceed only against the drawer or endorser, if any.
On dishonoured by non payment, the drawee can be sued.
97
Effects of Dis-honour:
As soon as a NI is dishonoured, the holder becomes entitle to sue the parties liable to pay thereon.
The drawer of cheque, maker of note, acceptor & drawer of bills and all the endorsers are liable severally and jointly to a holder in due course.
98
Notice of Dishonour
By the holder to any of the parties to the instrument (Sec 93)
Any party receiving notice must also transmit the same to all prior parties.
He can not sue any prior party, if notice has not transmitted.
99
Notice to Whom
To all parties (other than the maker of a note, acceptor of a bill, or drawee of a cheque) to whom the holder seeks to make liable or to their duly authorized agents
Where there are two or more persons jointly liable as drawer or endorsers, notice to any one of them is sufficient.
To legal representative, in case of death of person, and to official assignee in case of insolvency (Sec 97).
100
What is Reasonable Time?
If business and living place are same- to be receive on day of dishonour or day after dishonour.
If business and living places are different, it is to be dispatched by the next post or on the day next after the day of dishonour.
101
When Notice of Dishonour Is Unnecessary?
Dispensed with by an express waiver,
Party charged would not suffer damage
Party not found after due search,
When drawer is accepter,
Accidental omission,
In the case of a PN which is not negotiable,
Party promises to pay unconditionally.
102
Noting:
Noting is the process of recording the fact and reasons of dishonour of a NI by the notary public.
Noting must be made within reasonable time after dishonour
103
PROTESTING:
Protest is a formal certificate of dishonour issued by the notary public to the holder of a bill or note on his demand. Sec 100.
Important difference between Noting & Protesting is that noting consists of recording the fact and reasons of dishonor of NI upon the instrument; whereas Protest is the certificate as to the fact that instrument has been dishonoured.
104
Discharge of An Instrument:
When it becomes completely useless,
When the party makes the payment in due course at or after maturity (u/s78) ,
When the party becomes insolvent ,
When the holder cancels the instrument with intention to release the party.
105
Discharge of One Or More Parties
By cancellation
By release
By allowing drawee more than 48 hours to accept (Sec 83)
By taking qualified acceptance (Sec 86)
By not giving notice of dishonour
106
Discharge of One Or More Parties - 2
By not presentment for acceptance of bill (Sec 61)
By delay in presenting cheque (Sec 84)
By negotiating back of a bill
107
Multiple Choice Questions:
Read the questions carefully….
Answer the questions honestly……
Do your Self Assessment…..
All the best !!!
108
#1: The undertaking contained in a promissory note, to pay a certain sum of money is----
(a) Conditional
(b) Unconditional
(c) May be conditional or unconditional depending upon the circumstances
(d) None of the above.
Answer : (b) Unconditional
109
# 2: Which of these is not a negotiable Instrument as per the Negotiable Instrument Act,1881
(a) Bill of exchange
(b) Delivery note
(c) Bearer Cheque
(d) Share certificate
Answer: (d) Share Certificate
110
# 3: Which of the following is not a payment in due course under NI Act 1881?
a) Payment should be made in accordance with the apparent tenor of the instrument
b) A payment is made on instrument before the date of maturity
c) Payment is made to the possessor of the instrument
d) Payment made in good faith & without negligence
Answer: b) A payment is made on instrument before the date of maturity
111
#4 : X drew a bill on Y and sent it to Y for acceptance. In which of the following instances, it is a valid acceptance?
a) Y signs on bill and keeps it with him
b) He writes “accepted” on the back of bill but does not put his signature on bill
c) He puts his signature on face of bill and returns it to X
d) He write ‘accepted on the face of bill but does not put his signature
Answer: c) He puts his signature on face of bill and returns it to X
112
# 5: In which of the following situations could a bill of exchange not be negotiated?
a) The time to pay is not determinable.
b) The promise to pay is conditional.
c) The amount to be paid is “the amount owing on account."
d) All of the above.
Answer: d) All of the above
113
#6: X made a note payable to the order of his son Y as a birthday gift payable after one month. Y presented the note after 3 months and X refused to pay. Can Y sue for payment?
a) Yes, because a note, unlike a cheque, cannot become stale dated
b) Yes, because the note is a negotiable instrument that is required to pay
c) No, because a note, like a cheque, can become stale dated.
d) No, because the note was gratuitous so it is not binding for a lack of consideration.
Answer: d) No, because the note was gratuitous so it is not binding for a lack of consideration
114
# 7: Which of the following is NOT a part of the
criteria for a holder in due course?
a) The instrument is held by a party immediate to the promisor.
b) The instrument is taken by someone, or through someone, who has given consideration for it.
c) The instrument is taken complete and regular on its face.
d) The instrument is taken before it is overdue and without notice of any dishonour.
Answer: a) The instrument is held by a party immediate to the promisor.
115
# 8: B issued a cheque for Rs 10,000/ in favour of S. B had sufficient funds in his account. The cheque was not presented within reasonable time. In the meantime, bank became insolvent.
a) S can recover money from B
b) B is discharged from his liability.
c) S can recover from official assignee of the bank
d) S can sue B and Bank jointly
Answer: b) B is discharged from his liability
116
#9: P draws a bill of Rs 10,000 on Q. Q accepts it. On maturity, the bill was dishonoured. P filed a suit against Q. Q proved that the bill was accepted for value of Rs 7000/ and balance Rs 3000/ as an accommodation bill.
a) P can recover Rs 10,000/ from Q.
b) P can recover Rs 7,000/ from Q.
c) P can not recover anything because bill is confusing.
d) Bill is void ab initio
Answer: b) P can recover Rs 7000/ from Q
117
Lesson Summary
Negotiable Instrument
Types of Negotiable Instruments
Dishonour of Negotiable Instruments
Different parties of Negotiable Instruments & their Liabilities
Discharge of Negotiable Instruments and Discharge of Parties
118
Thank you very much.
Wishing you best of luck !
CA. Chiranjiv Sodhi
119