119
The Negotiable Instruments Act, 1881 IPCC Paper-2: Business Laws, Ethics &Communications Chapter 2 CA. Chiranjiv Sodhi 1

THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

  • Upload
    buikhue

  • View
    223

  • Download
    2

Embed Size (px)

Citation preview

Page 1: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

The Negotiable Instruments Act, 1881

IPCC Paper-2: Business Laws, Ethics &Communications Chapter 2

CA. Chiranjiv Sodhi

1

Page 2: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 3: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Abbreviations Used

• Negotiable Instrument NI • Promissory Note PN • Bill of Exchange BE • Holder in Due Course HDC

3

Page 4: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 5: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 6: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 7: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 8: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 9: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Promissory Note

An Intro.

9

Page 10: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 11: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 12: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 13: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Bills of Exchange

An Intro.

13

Page 14: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 15: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 16: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Essentials of a Bill of Exchange

Money only

Certainty regarding amount

Certainty regarding parties

Duly signed

Unconditional

Order to pay

In writing

16

Page 17: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 18: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Cheque

An Intro.

18

Page 19: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 20: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Similarities Between Bill & Cheque

1 • Regarding Nature

2 • Regarding Parties

3 • Drawer & Payee

4 • Written & Signed

5 • Unconditional Order

6 • Endorsement

20

Page 21: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 22: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 23: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Crossing of Cheques

General Crossing (Sec 123)

Special Crossing (Sec 124)

Not Negotiable Crossing (Sec 130)

23

Page 24: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Crossing of Cheques - 2

Account Payee

Crossing

Not Negotiable A/C Payee Crossing

Opening Of Crossing

24

Page 25: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Holder

25

Page 26: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 27: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 28: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 29: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 30: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 31: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 32: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 33: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Types of Instruments

An Intro.

33

Page 34: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 35: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 36: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 37: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 38: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 39: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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.

Page 40: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 41: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 42: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 43: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Accommodation Bill

An Intro.

43

Page 44: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 45: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 46: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Maturity of Negotiable Instruments

An Intro.

46

Page 47: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 48: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 49: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Negotiating

An Intro.

49

Page 50: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 51: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Negotiation Vs. Assignment

• Consideration 1 • Title 2 • Notice of transfer 3 • Mode 4

51

Page 52: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 53: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Example

Here B is the person who is the prior party to the instrument .

53

A B

B C

C D

D B

Page 54: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 55: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Liabilities

An Intro.

55

Page 56: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 57: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 58: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 59: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 60: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 61: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 62: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 63: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 64: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 65: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 66: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 67: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 68: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 69: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 70: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Rights & Obligations

An Intro.

70

Page 71: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 72: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 73: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Forged Instruments

73

Page 74: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 75: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 76: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 77: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 78: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 79: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Hundi

Darshani hundi

Miadi hundi or Muddati

hundi Shah Jog

hundi

Nam Jog hundi

Jokhmi hundi

Dhani Jog Hundi

79

Page 80: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Presentation of Instruments

80

Page 81: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Presentation of Instruments

Presentation means showing a NI to the drawee, acceptor or maker for:

acceptance,

sight, or

payment

81

Page 82: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 83: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 84: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 85: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 86: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 87: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 88: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 89: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 90: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 91: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 92: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 93: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 94: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 95: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 96: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 97: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 98: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 99: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 100: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 101: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 102: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 103: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 104: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 105: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 106: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 107: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 108: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Multiple Choice Questions:

Read the questions carefully….

Answer the questions honestly……

Do your Self Assessment…..

All the best !!!

108

Page 109: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

#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

Page 110: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

# 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

Page 111: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

# 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

Page 112: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

#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

Page 113: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

# 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

Page 114: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

#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

Page 115: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

# 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

Page 116: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

# 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

Page 117: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

#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

Page 118: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

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

Page 119: THE NEGOTIALBLE INSTRUMENTS ACT, 1881 - · PDF fileLearning Objectives 1 • What is a Negotiable Instrument? 2 • Promissory Note 3 • Bills of Exchange 4 • Cheques 5 • Types

Thank you very much.

Wishing you best of luck !

CA. Chiranjiv Sodhi

119