Monday, November 17, 2014

Negotiable Instrument act 1881

Section 4 - Promissory note
A “promissory note” is an instrument in writing
(not being a bank-note or a currency-note)
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.

Section 5 - Bill of exchange
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.

Section 6 - Cheque
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.

Section 13 - Negotiable Instruments
A Negotiable Instrument means a promissory note, bill of exchange or cheque payable either to order or to bearer.

Section 123 - Cheque Crossed Generally
Where a cheque bears across its face an addition of the words and company or any abbreviation thereof, between two parallel transverse lines, or of two parallel transverse lines simply, either with or without the words, not negotiable, that addition shall be deemed a crossing, and the cheque shall be deemed to be crossed generally.

Section 124 - Cheque crossed specially
Where a cheque bears across its face an addition of the name of a banker, either with or without the words not negotiable, that addition shall be deemed a crossing, and the cheque shall be deemed to be crossed specially, and to be crossed to that banker.

Section 126 Cheque crossed specially
Where a cheque is crossed generally, the banker, on whom it is drawn shall not pay it otherwise than to a banker.
Payment of cheque crossed specially. - Where a cheque is crossed specially, the banker on whom it is drawn shall not pay it otherwise than to the banker to whom it is crossed, or his agent, for collection.

Section 130 Cheque bearing Not Negotiable

A person taking a cheque crossed generally or specially, bearing in either case the words not negotiable, shall not have, and shall not be capable of giving, a better title to the cheque than that which the person from whom he took it had.

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