[AHSEC Class 11 Finance Notes, AHSEC Class 11, Chapter wise Notes, Negotiable Instruments]
ASHEC Class 11 Finance Notes
Unit 5: Negotiable Instruments
Q.1. What is Negotiable
Instruments? What are its various kinds? Mention its
features/essentials/characteristics and presumptions. 2+1+6 1999, 2001, 2003, 2005, 2010, 2011, 2013,
2015
Ans: Negotiable instrument: Negotiable
Instrument means a written document which guarantees the specific amount of
money to the person named therein and is transferable by delivery or by
endorsement. According to Section 13 of the Negotiable Instrument Act 1881, “A
Negotiable Instrument means a Promissory Note, Bill of Exchange and Cheque,
payable either to order or to bearer.
There are different kinds of negotiable instruments:
a) Negotiable Instruments by statue: Bills of Exchange, Promissory
Notes and Cheques.
b) Negotiable Instruments by customs or usages: Treasury Bills,
Dividend Warrants, Share Warrants, Bearer Debentures, Hundi, Banker’s Draft.
The
characteristics of a Negotiable Instrument are:
a) Witting and Signature according to the
rules: A Negotiable Instrument must be in writing
and signed by the parties according to the rules relating to (a) promissory
notes, (b) Bills of Exchange and (c) Cheques.
b)
Payable
by Money: Negotiable Instruments are payable by the
legal tender money of India.
c)
Unconditional
Promise and order: If the
instrument is a promissory note, it must contain an unconditional promise to
pay. If the instrument is a bill or cheque, it must be an unconditional order
to pay money.
d)
Freely
transferable: A negotiable
instrument is transferable from one person to another by delivery or by
endorsement and delivery.
e)
Acquisition
of Property: Any
person, who possesses a negotiable instrument, becomes its owner and entitled
to the sum of money, mentioned on the face of the instrument.
f)
No
Need of Giving Notice: There is no need of giving a notice
of transfer of a negotiable instrument to the party liable to pay the money.
Presumptions
regarding Negotiable Instruments:
a)
Every negotiable must be drawn for
consideration.
b)
The date mentioned on the instrument
in the date on which it was made.
c)
The instruments were accepted within a
reasonable time after being made.
d)
The instrument was duly signed and
stamped.
e)
The holder of the instrument is the
holder in due course unless it is proved otherwise.
Q.2.
What is Bills of Exchange? What are its essentials? Mention three parties of
bills of exchange. 2002, 04, 10,
Ans: Bills of
Exchange: According to Section 5 of the Negotiable
Instrument Act 1881, “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.”
Features
of bills of exchange:
a)
A bill of exchange is an instrument in
writing.
b)
It contains an unconditional order to
pay money and money only.
c)
It must be signed by the drawer.
Unsigned document will be invalid.
d)
It must be stamped as per the
requirement of law.
e)
The payment to be made must be
certain.
f)
The date on which payment is made must
also be certain.
g)
The bill of exchange must be payable
to a certain person.
h)
The amount mentioned in the bill of
exchange is payable either on demand or within a stipulated time.
i)
There are three parties in bills of
exchange: Drawer, Drawee and Payee.
There are three parties to a bill of exchange namely:
a) Drawer: Drawer is the maker of the bill of
exchange. A seller/creditor that is entitled to receive money from the debtor
can draw a bill of exchange upon the buyer/debtor.
b) Drawee:
Drawee is the person upon whom the bill of exchange is drawn. Drawee is the
purchaser or debtor of the goods who is liable to pay the bill.
c) Payee:
A payee is the person to whom the payment is to be made. The drawer of the bill
himself will be the payee if he keeps the bill with him till the date of its
payment.
AHSEC CLASS 11 FINANCE CHAPTER WISE NOTES
UNIT - 2: MEANING AND DIFFERENT TYPES OF BANKS
UNIT - 3: COMMERCIAL BANKING IN INDIA
UNIT - 4 (PART A) : DIFFERENT TYPES OF BANK CUSTOMER
UNIT - 4 (PART B) : DIFFERENT TYPES OF BANK ACCOUNTS
UNIT - 5: NEGOTIABLE INSTRUMENTS
Q.3. What are various
types of bills of exchange? Explain them briefly.
Ans:
Types of bills of exchange:
A)
Inland bill and Foreign bill: An
inland bill or instrument is defined as a negotiable instrument which is drawn
or made or payable in India and a foreign bill is a negotiable instrument which
is drawn or made or payable outside India.
B)
Time bill and Demand bill: A time bill
is payable at a fixed period after its date or after sight and a demand bill is
to be payable on demand or on sight.
C)
Trade bill and Accommodation bill: A
trade bill is bills which arise out of genuine trade transaction. An
accommodation bill is drawn, accepted or endorsed without consideration to
provide financial assistance.
D)
Clean bill and Documentary bill: Clean
bill is that bill which is not accompanied by any documents. Documentary bill
is that bill to which certain documents are attached.
Q.4. Mention advantages
of bills of exchange. Give a specimen of bills of exchange. 2013
Ans:
Advantages of bill of exchange
a)
Framework for relationship: A bill of
exchange represents a device, which provides a framework for enabling the
credit transaction between the seller/creditor and buyer/debtor on an agreed
basis.
b)
Certainty of terms and conditions: The
creditor knows the time when he would receive the money so also debtor is fully
aware of the date by which he has to pay the money.
c)
Convenient means of credit: A bill of
exchange enables the buyer to buy the goods on credit and pay after the period
of credit.
d)
Conclusive proof: The bill of exchange
is a legal evidence of a credit transaction implying thereby that during the course
of trade buyer has obtained credit from the seller of the goods; therefore, he
is liable to pay to the seller.
e)
Easy transferability: A debt can be
settled by transferring a bill of exchange through endorsement and delivery.
Specimen of bill of exchange
Rs.50,000 |
Mr.
A (Drawer) Assam April
01,2019 |
|
Three
Months after date pay to Mr. A or on order, a sum of rupees fifty thousand
for value received. Sd/- Mr.
A |
||
To Mr. B
(Drawee) Dibrugarh,
Assam |
Accepted
By Sd/- Mr.
B (April
04, 2019) |
Q.5.
What is Promissory note? Mention its two parties? What are its essentials?
Draft a specimen of a promissory note. 2+1+6+5 2004,
06, 13
Ans:
According to the Section 4 of the Negotiable Instrument Act, 1881 “A Promissory
Note is an instrument in writing not being a bank note or a current note
containing an unconditional undertaking, signed by the maker, to pay a certain
sum of money only to, or do the order of, a certain person, or to the bearer of
the instrument.”
There are two parties to a Promissory Note:
a) Maker: It is the debtor, who promises to make the payment. It
must be signed by its maker.
b) Payee: The person who receives the payment of the promissory
note is the payee.
Features
of Promissory note are:
a)
A promissory note is an
instrument in writing.
b)
It contains an unconditional
promise to pay money and money only.
c)
It must be signed by the maker.
Unsigned note will be invalid.
d)
It must be stamped as per the
requirement of law.
e)
The payment to be made must be
certain.
f)
The date on which payment is
made must also be certain.
g)
The promissory note must be
payable to a certain person.
h)
The amount mentioned in the
bill of exchange is payable either on demand or within a stipulated time.
i)
There are two parties in a
promissory note: Maker and Payee.
Specimen of Promissory Note
Rs.50,000 |
Mr.
A (Maker) Tinsukia,
Assam April
01,2019 |
|
Three
months after date I promise to pay Mr. B or order a sum of Rupees Fifty
Thousand only for value received. Sd/- Mr.
A |
||
To Mr. B
(Drawee) Dibrugarh,
Assam |
|
Q.6. Distinguish between
bills of exchange and promissory note. 2013
Ans:
Difference between bill of exchange and
Promissory Note
Basis |
Bill
of Exchange |
Promissory
Note |
Drawer |
It
is drawn by the creditor |
It
is drawn by the debtor. |
Parties |
There
can be three parties to it, viz. the drawer, the Drawee and the payee. |
There
are only two parties to it, viz. the drawer and the payee. |
Order
or Promise |
It
contains an unconditional order to pay. |
It
contains an unconditional promise to pay. |
Acceptance |
It
requires acceptance by the Drawee or someone else on his behalf. |
It
does not require any acceptance. |
Payee |
Drawer
and payee can be the same party |
Maker
cannot be the payee of it. |
Set |
A bill of exchange can be drawn in sets. |
Promissory note cannot be drawn in sets. |
Notice |
In
case of its dishonour due notice of dishonour is to be given by the holder to
the drawer. |
No
notice needs to be given in case of its dishonour. |
Q.7.
Define Cheque. Name its parties. Mention its features and advantages.
Ans:
According to Section 6 of the Negotiable Instrument Act, 1881, “A Cheque is a
bill of exchange, drawn upon a specified banker and payable on demand.”
A cheque has three parties: The Drawer, The Drawee and The payee.
The features (Contents) of a cheque are:
a)
A cheque is payable on demand either
to the bearer or to the order.
b)
A cheque has three parties, viz the
drawer, the drawee and the payee.
c)
A cheque is always drawn on a
specified banker who is to pay the sum involved on its presentation.
d)
The signature on the cheque must tally
with the specimen signature kept in the bank.
e)
A cheque must be dated and is valid
for period of three months from the date of the cheque.
f)
A cheque with a future date is valid
but it is payable on or after the specific date.
The following are the important advantages of cheque:
a)
It is very easy and safe to transfer
of funds through cheque. The customer of a bank can transfer any amount by the
help of a cheque.
b)
Cheque is the easiest from of making
payment. It saves time which would have been wasted in country notes and coins.
c)
Payment by cheque can serve the
purpose of receipt. Cheque can become an evidence for the payment made.
d)
The traders can make bulk payments by
just drawing a cheque.
e)
The record of money transaction by
cheque is kept in bank so it serves as legal evidence.
Q.8.
Distinguish between cheque and bills of exchange and promissory note and
cheque. 2012, 2017
Ans:
Difference between cheque and bill of exchange
Basis |
Cheque |
Bills
of Exchange |
Drawee |
A cheque is always drawn on a bank or banker. |
A bill of exchange can be drawn on any person
including a banker. |
Acceptance |
A cheque does not require any acceptance. |
It
requires acceptance by the Drawee or someone else on his behalf. |
Payment |
A cheque is payable on demand without any days of
grace. |
A bill of exchange may or may not be payable on
demand. |
Stamp |
A cheque does not require any stamp. |
A bill of exchange must be stamped. |
Payee |
A cheque may be issued payable to the bearer. |
A bill can never be issued payable to bearer. |
Days of grace |
No days of grace are allowed for a payment of a
cheque. |
3 days of grace are allowed for payment of a bill
unless it is payable on demand. |
Crossing |
A cheque may be crossed. |
A bill of exchange cannot be crossed. |
Difference
between
Promissory Note and Cheque: 2015
Basis |
Promissory Note |
Cheque |
Nature |
It
is an unconditional promise by the maker to pay the money. |
It
is an unconditional order to the bank to pay certain sum of money. |
Days
of Grace |
Three
days of grace are allowed for payment. |
No
days of grace are allowed for payment. |
Crossing
|
A
promissory note cannot be crossed. |
A
cheque can be crossed. |
Stamping
|
A
promissory note must be stamped. |
A
cheque does not require a stamp. |
Drawer
|
The
maker of a promissory note is one who pays the money. |
The
drawer of a cheque is one who withdraws the money from the drawee. |
Payee |
The
maker of promissory note cannot be payee. |
The
drawer of a cheque can be the payee. |
Q.9. Define holder and
holder in due course of Negotiable Instrument. When a person becomes a holder
in due course?
Ans:
According to Section 8 of the Negotiable Instrument Act, 1881, “Holder of a
promissory note, bills of exchange or cheque means any person entitled in his
own name to the possession thereof and to receive or recover the amount due
thereon from the parties there to.”
According to Section 9 of the Negotiable Instrument Act, 1881,
“Holder in due course means any person who, for consideration, become the
possessor of a promissory note, bill of exchange or cheque, if payable to
bearer, or the payee or endorsee thereof if payable to order, before the amount
mentioned, in it became payable and without having sufficient course to believe
that defect existed in the title of the person from whom he derived his title.”
A person is said to be holder in due course in the following
cases:
a)
A negotiable instrument must be in the
possession of the holder-in-due-course.
b)
A negotiable instrument must be
regular and complete in all aspects.
c)
The instrument must have been obtained
for valuable consideration.
d)
The instrument must have been obtained
before the amount mentioned therein becomes payable or before maturity.
Q.10. What are the
rights enjoyed by the Holder of Negotiable Instrument?
Ans:
The Holder of a Negotiable Instrument enjoys the following rights:
a)
He can claim payment of the instrument
and can sue in his own name on the instrument.
b)
An endorsement in blank may be
converted by him into an endorsement in full.
c)
He is entitled to cross a cheque
either generally or special and also with the words “Not Negotiable”.
d)
He can negotiate a cheque to a third
person, if such negotiation is not prohibited by the direction given in the
cheque.
e)
A duplicate copy of a lost cheque may
be obtained by a holder.
Q.11. Explain the rights
and privileges of Holder in due course.
Ans:
A Holder in Due Course enjoys the following rights and privileges:
a)
He possesses better title free from
all defects: He always possesses better title than that of his transferor or
any of the previous parties and can give to the subsequent parties the good
title that he possesses. The holder in due course is entitled to recover the
amount of the instrument from any or all of the previous parties.
b)
All prior parties liable: All prior
parties to the instrument i.e. its maker or drawer, acceptor or endorser, is
liable thereon to a holder in due course until the instrument is duly
satisfied. The holder in due course can file a suit against the parties liable
to pay in his own name.
c)
No effect of conditional delivery:
Where a negotiable instrument delivered conditionally or for a special purpose
and is negotiated to a holder in due course, a valid delivery of it is
conclusively presumed and he acquires good title to it.
d)
Right in case of fictitious bills:
Where both drawer and payee of a bill are fictitious persons, the acceptor is
liable on the bill to a holder in due course.
e)
Right of the holder in due course in
case of inchoate instrument: If a negotiable instrument was originally an
inchoate (incomplete) instrument and subsequent transferor completed the
instrument for a sum greater than what was the intention of the market, the
right of a holder in due course to recover the money of the instrument is not
at all affected.
f)
Right is cane the instrument is
obtained by unlawful means or for unlawful consideration: A person liable on
negotiable instrument cannot denied himself against payment to a holder in due
course on the ground that the instrument was lost or obtained from him by means
of an offense or fraud or far an unlawful consideration.
g)
Estoppel against endorser to deny
capacity of prior parties: The endorser of a negotiable instrument in a suit
thereon by the holder-in-due-course cannot deny the signatures or capacity to
contract of any prior party to the instrument.
Q.12. Write the
differences between “Holder” and “Holder in due course”.
Ans:
Distinction between “Holder” and “Holder in due course”:
Basis |
Holder |
Holder in Due Course |
Meaning |
Holder means any person entitled in his own
name to the possession of the negotiable instrument and to recover or receive
the amount due thereon from the parties thereto. |
A holder in due course means a holder who takes the
instrument in good faith for consideration before it is overdue and without
any notice of defect in the title of the person who transferred it to him. |
Consideration |
The
existence of consideration is not essential in case of a holder. |
The
existence of consideration in essential in case of a holder in due course. |
Title
in good faith |
A
Holder may or may not obtained title in good faith. |
A
Holder in due course obtained the title in good faith. |
Maturity |
A
person can become holder, before or after the maturity of negotiable instrument. |
A
person will be a holder in due course only before the maturity of negotiable
instrument. |
Right
to sue |
A
holder cannot sue all prior parties. |
A
holder in due course can sue all prior parties. |
Q.13. What do you mean
by Negotiation and endorsement? Who can endorse? What are the different kinds
of endorsement? Explain them briefly. 99, 09, 14
Ans:
Negotiation refers to the act of transferring a negotiable instrument by one
person to another with a view to convey the title or ownership to the other. It
can be done by mere delivery and by endorsement and delivery.
The
term “Endorsement” of a negotiable instrument means writing of a person’s name
of the back of the instrument for the purpose of negotiation. According to
Section 15 of the Negotiable Instrument Act, 1881, “When the maker or holder of
a negotiable instrument sings his name, otherwise than such maker, for the
purpose of negotiation, on the back or face thereof or on a slip of paper
annexed thereto he is said to have endorsed the instrument.” The person who
puts his signature is called the “endorser” and the person in whose favour it
is being endorsed in called the “endorsee”.
Endorsement of negotiable instruments can be made only by the
following parties of to the instrument:
a) The Payee b) The holder c) The drawer of a bill of exchange d)
The endorsee e) The maker.
Different
kinds of endorsement with their respective significance are explained below:
a)
Blank or General Endorsement: An
endorsement is said to be blank or general, if the endorser sings on the back
or on the face of the instrument without specifying the name of any endorsee.
The effect of his endorsement makes the instrument payment to bearer even
though originally it was payable to order. For example, a cheque payable to Mr.
X or order and Mr. X endorse the cheque to Mr. Y by simply affixing his
signature. The effect of this endorsement makes the instrument payable to
bearer even though originally it was payable to order.
b)
Full or Special Endorsement: If an
endorser signs his name and adds a direction to pay the amount mentioned in the
instrument to or to the order of a specified persons, such an endorsement is
said to be a full or special endorsement.
For example, “Pay to Mr. X or order” S/d Mr. Y is an example of full
endorsement. Here Mr. Y is the endorser and he has mentioned the name of the
endorsee – Mr. X.
c)
Conditional Endorsement: An
endorsement is conditional or qualified if it limits or neglects the liability
of the endorser. For example, “Pay to
Mr. X on his marriage” s/d Mr. Y is a conditional endorsement. In case of
conditional endorsement, the liability of the endorser and the rights of the
endorsee becomes conditional on the happening of a particular event.
d)
Restrictive Endorsement: An
endorsement is said to be Restrictive, when it prohibits or restrictive the
future negotiability of the instrument, it merely entitles the holder of the
instrument to receive the amount on the instrument for a specified purpose. For
example, “Pay to Mr. X only” s/d Mr. Y. This endorsement confers all the rights
of an endorser to the endorsee except the right of negotiation.
e)
San Recourse endorsement and San frais
endorsement: In San recourse endorsement, the endorser by his expressed words
excludes his own liability and in San frais endorsement, the holders have no
right against the endorser if the instrument is dishonoured. For example,” Pay
to Mr. X or order – Notice of dishonour waived.” These types of endorsement are
generally used to avoid personal liability.
f)
Facultative endorsement: In such type
of endorsement, the endorser by his express words increases his liability or
give up some of his rights under the negotiable instruments Act.
g)
Partial Endorsement: When the endorser
intends to transfer to the endorsee only a part of the amount of instrument by
endorsement, the endorsement is said to be partial. Such type of endorsement is
legally invalid. For example, when a cheque of Rs. 10,000 is endorsed for Rs.
5000 is an example of partial endorsement.
h)
Forged endorsement: When a negotiable instrument
is endorsed with the forged signature of the endorser, the endorsement is
called forged endorsement.
Q.14. Write briefly
about the rules and regulations of a valid endorsement. 2012, 2016
Ans:
The rules and regulations regarding endorsement may be summarised as follows:
a)
Signature of the endorser: A regular
endorsement implies signature of the holder of the negotiable instrument
himself or his duly authorised agent on its face or back of the instrument for
the purpose of negotiation.
b)
Spelling: The endorser must sign his
name in the exact spelling as appearing on the negotiable instrument.
c)
Prefixes and suffixes to be excluded:
Endorsement need not contain the complementary Prefixes or Suffixes e.g. Mr.,
Mrs., Shri, Smt etc. need not be given by the endorser otherwise the
endorsement would not be regular.
d)
Sign in Ink: Endorsement in pencil or
by a rubber stamp is usually not accepted.
e)
Endorsement by a married woman: In the
case of married women, the name of her husband must also be mentioned in the
endorsement.
f)
Endorsement by illiterate person: An
illiterate person can make a valid endorsement by putting his thumb impression
on the instruments in the presence of a witness.
g)
Endorsement by companies, firms: In
case of joint stock companies, firms, associations etc., the endorsement should
be made by persons who are dully authorised to sign on behalf of these
institutions.
h)
Endorsement by an agent: When a
negotiable instrument is endorsed by an agent on behalf of the principal he
should disclose the fact that he is endorsing as an agent by adding the words
“For and on behalf of”.
i)
Delivery of the instrument: An
endorsement must be completed by delivery of the instrument.
Q.15. What are the
liabilities or responsibilities of an Endorser?
Ans:
Following are the most important liabilities of an Endorser:
a)
As per Section 35 of Negotiable
Instrument Act, the endorser is liable to all subsequent holders in case of
dishonour of the instrument by the drawee or payee.
b)
The liability does not cease with the
death of either the endorser or endorsee. The legal representatives of an
endorsee may sue the legal heirs of the endorser.
c)
The endorser shall be discharged once
the payment is made to the holder in due course.
d)
Endorser cannot be held liable if he
is not served the notice of dishonour.
e)
Endorser can endorse ‘sans recourse’
and thus get rid of his liability.
Q.16. What is Bank
Draft? What are the differences between Bank Draft and Cheque?
Ans:
Bank Draft also known as banker’s cheque which is drawn by one branch after
receiving cash from his customer and such payable on demand by another branch
of the same bank to the person named in the draft.
Features of bank draft:
a) It is payable on demand. b) It is drawn by one branch on
another. c) It is conditional order of payment. d) It bears no stamp. e) The
name of the person to whom payment is to be made is written on bank draft.
Distinction between bank draft and cheque:
a)
Bank Draft is payable in different
cities, whereas Cheque is payable in same city it is prepared.
b)
Demand Draft is drawn on individuals
also whereas Cheque is drawn on banks.
c)
Bank Draft or Demand Draft can be
prepared for any station, where we need money. But a cheque is like a local
draft, which can be encashed locally only.
Q.17. What do you mean
by Payment in Due Course? What are its essential features?
Ans: The payment of a negotiable instrument should be made to the right
person by the paying banker or the acceptor of the bill; otherwise the latter
shall be responsible for the same. The negotiable instrument Act provides
protection to the paying banker or the acceptor of the bill only when payment
is made as per the provisions of the Act. Payment of the amount due as per the
provisions of the Act is called payment in due course.
According
to Section 10 of the Negotiable Instrument Act, 1881, “Payment in due course
means payment according to the true intention of the parties and without
negligence to any person in possession thereof under circumstances which do not
arouse suspicion about his title to possess the instrument and to receive
payment.”
Essential
features or conditions of payment in due course:
a)
The payment should be made according
to the true intention of the parties thereto.
b)
Payment may be made either in cash or
through a clearing house or by a draft.
c)
The paying banker should have made
payment in good faith and without negligence.
d)
Payment must be made to the person who
has the actual possession of the instrument.
e)
The payment must be made under the
circumstances which do not arouse suspicion about his title to possess the
instrument and to receive payment.
18. What is bearer
cheque? Mention its features, advantages and disadvantages.
Ans:
Bearer cheque is one which is payable to any payee who present it for payment
over the counter of the bank. In other words, it is payable by the banker to
the person named on the cheque or any other bearer. For example, “pay to X or
bearer” is a bearer cheque transferable.
The features of bearer cheque are as follows:
a)
It is freely transferrable from one
person to another by simple delivery.
b)
Bearer Cheques does not need
endorsement for their negotiation.
c)
In case of lost or stolen, the banker
shall not be responsible for the payment made to an unauthorized person.
The main
advantages of bearer cheques are:
a)
It is quite easy to obtain the payment
of bearer cheque at the counter.
b)
It is easy to negotiate a bearer
cheque as it does not need endorsement for its negotiations.
c)
It is suitable for making small
payments.
d)
A person who does not have any bank
account can collect the payment of the cheque easily from the bank without any
verification and attestation of sign adores.
e)
A bearer cheque can be easily
converted into order cheque.
The
disadvantages of bearer cheque are:
a)
A bearer cheque is not safe because
payment of bearer cheque may be made to any person whoever he may be, genuine
payee or a thief.
b)
A bearer cheque is not suitable for
big payment due to their lots of risk.
c)
Bearer cheque passes freely from hand
to hand, so there is no record of its movements.
19. What is order
cheque? Mention its features, advantages and disadvantages.
Ans:
Order cheque is a cheque which is payable to a certain person named in the
cheque by the drawer or to the order of the payee. For example, “pat to X or
order”.
The features of order cheque are:
a)
Order cheque may be transferred from
another by making endorsements on the cheque.
b)
Order cheque is paid by the banker
only when he is satisfied about the identity of the payee.
The
advantages of order cheque are:
a)
Order cheques are safe because payment
is made by the bank only. When the bank is satisfied about the identity of the
payee.
b)
An order cheque cannot be transferred
without the signature of the transferor. So, there is record of movement and it
can be easily traced.
c)
It is suitable for making big payment.
The
disadvantages of order cheque are:
a)
Order cheque cannot pass freely from
hand to hand.
b)
Order cheque is not easily encashable.
The banker makes payment only when the bank is satisfied about the identity of
the payee.
c)
Order cheque cannot be converted into
bearer cheque.
20. Write down the difference
between bearer cheque and order cheque?
Ans:
The main difference between bearer cheque and order cheque are:
a)
Bearer cheque is payable to the person
named on the cheque or to any bearer. But an order cheque is payable to the
person named on the cheque or to his order.
b)
Bearer cheque may be negotiated by
more delivery of cheque. But order cheque needs to be endorsed for the purpose
of negotiation.
c)
The risk is more in case of bearer
cheque as it can be encashed by anybody, even a thief. But, the degree of risks
is less in case of order cheque as it is payable to a particular person.
d)
Bearer cheque is suitable for making
small payments. But, order cheque is suitable for making big payments.
e)
There is no record of movement of
bearer cheque as it is transferred without endorsement. But there is a record
of movement of order cheque because it bears endorsement.
f)
Bearer cheque can be converted into
order cheque. But order cheque cannot be converted into bearer cheque.
21. Distinguish between
open cheque and crossed cheque.
Ans:
The difference between open cheque and crossed cheque are:
a)
Open cheque is payable across the
counter of the bank. But crossed cheque is payable only through a bank account.
b)
Open cheque does not require any
parallel lines on the face of the cheque. But crossed cheque requires two
parallel lines or some other indicators signifying crossing.
c)
Open cheque may be a bearer or order
cheque. But crossed cheque is not a bearer or order cheque.
d)
The degree of risk is more in case of
open cheque as it can be encashed by anybody across the bank’s counter. But,
the degree of risk is less in case of crossed cheque as it cannot be encashed
by any unauthorized person.
e)
Open cheque is used by the drawer to
withdraw money for himself. But crossed cheque is not used by the drawer to
withdraw money for his own use.
f)
Open cheque can be easily converted
into crossed cheque. But crossed cheque cannot be converted into open cheque
except by the drawer of the cheque.
22.
What do you mean by Crossing of cheque? Who can cross a cheque? Explain briefly
about the different types of crossing and their significance.
Ans: Crossing of a cheque: A cheque is said to be crossed when two
parallel transverse line with or without any words are drawn on the left hand
corner of the cheque. It is simply a direction to the paying banker that the
cheque should be paid only to a banker. Crossing of cheque is very safe because
the holder of the cheque is not allowed to encashed it across the counter of
the bank. A crossed cheque provides protection not only to the holder of the
cheque but also to the receiving and collecting bankers.
The
following parties can cross a cheque: 2012
a)
The Drawer: The drawer of a cheque may
cross a cheque before issuing it. He may cross it generally or specially.
b)
The Holder: The holder of a cheque can
cross in the following way:
Ø The
holder may cross an open cheque generally or specially.
Ø The
holder may specially cross a generally crossed cheque.
Ø The
holder may add the words “Not-Negotiable” in a generally or specially crossed
cheque.
c)
The Banker: The banker to whom the
cheque is crossed specially may again cross it especially to another banker's
agent, for collection. This is called double special crossing.
Types
of crossing:
1. General crossing: A
general crossing is a crossing where a cheque simply bears two parallel lines
with or without any words and without any specification. According to Sec. 123 of
the Negotiable Instrument Act, 1881, “When a cheque bears across its face an
addition of the words. “and company” or any abbreviations thereof between two
parallel transverse line or of two parallel transverse lines simply either or
without the words, “Not Negotiable” that addition shall be deemed a general
crossing. Simplify, in case of General crossing words such as “and company”,
“not Negotiable”, “Account payee” etc. may be inserted between the lines.
A general crossing cheque protects the drawer and also the payee or the holder thereof. Whenever a drawer desires to make payment to an outstation party, he can cross the cheque so that even if the cheque is lost, it means only a piece of paper is lost and nothing beyond that. If by any chance, it is encashed by a third and unauthorized person, it is possible to find out to whose account the amount is credited and the unauthorized person can be identified and suitable action taken against him.
2. Special crossing: Section 124 of the
Negotiable Instruments Act, 1881 defines special crossing as “where a cheque
bears across its face, an addition of the name of a banker 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.”
Thus, in case of special crossing, the name of a particular bank is written in between the parallel lines. The main implication of this type of crossing is that the amount of the cheque will be paid to the specified banker whose name is written in between the lines. Special crossing is in a particular bank and by special crossing, he is assured of double safety, safety to the drawer and safety to the payee.
3. Account
payee crossing: This type of crossing is done by adding the words ‘Account
Payee’. This can be made both in general crossing and special crossing. The
implication of this type of crossing is that the collecting banker has to
collect the amount of the cheque only for the payee. If he wrongly credits the
amount of the cheque to another account, he will be held responsible for the
same.
4. Not
negotiable crossing: When the words ‘not negotiable’ is added in generally
or specially crossed cheques, it is called not negotiable crossing. A cheque
bearing not negotiable crossing cannot be transferred. If a cheque bearing ‘Not
negotiable crossing’ is transferred, care must be taken regarding the ownership
of title of both the transferor and transferee.
23. Write the
differences between General and Special crossing?
Ans:
The difference between General and Special crossing are:
a)
In case of general crossing drawing
two parallel transverse lines on the face of the cheque is must. But, in case
of special crossing drawing two parallel lines is not necessary.
b)
In case of general crossing writing
the name of a bank across the face of the cheque is not required. But in case
of special crossing the name of a bank must be mentioned across the face of the
cheque.
c)
Generally crossed cheque is payable
through any bank account. But specially crossed cheque is payable only through
the specific bank mentioned in the crossing.
d)
A generally crossed cheque is safer as
compared to open cheque. But a specially crossed cheque is safer than open
cheque as well as generally crossed cheque.
e) General crossing can be easily converted into special crossing by inserting the name of a bank in between the two lines. But special crossing is not convertible into general crossing except by the drawer.