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Kinds of NI:
Section 13 of the Act speaks of only of the following three negotiable instruments:
Promissory note
Bill of exchange
Cheque
However, it does not limit the negotiable instruments to these three only. The following
instruments also come under the purview of NIA:
Demand Draft Treasury Bill Debenture
Travelers’ Cheque Bank Note
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NI Act - 1881
Kinds of NNI:
Postal Order Share Certificate Payment Order
Govt. Notes Money Order
Purview of NIA
The purview of NIA extends from drawing/making of an instrument to its encashment. It covers
the matters with drawing, acceptance, endorsement, crossing, transfer, delivery, payment,
maturity, grace period to maturity, parties to NI, responsibility the parties thereto, punishment of
the parties for violation, protection for the banker and so on.
CROSSING:
Crossing is a direction to the paying banker that the cheque should be paid only to a banker on
whose favor the cheque is crossed or to some other bank and not to the holder at the counter. So
to prevent any one but the payee from cashing, cheques are crossed. Crossing may be in written,
stamped, printed or purported.
Purpose of Crossing:
Crossing provides security and protection to the true owner, since payment of such cheque has
to be made through a banker. Cheques are crossed in order to avoid losses resulting from open
cheques falling into the hand of undue persons. Crossing of a cheque does not affect its
negotiability. Crossed cheques are negotiable by delivery in case they are payable to bearer and
endorsement and delivery when they are payable to order. Holder of a crossed cheque, who has
no account in the bank, can obtain payment by endorsing in favor of some persons who has got
an account with a bank.
Types:
a. General Crossing
As per Section 123 of NI Act, 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 crossed generally.
An account payee cheque also falls under the type of general crossing.
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NI Act - 1881
b. Special Crossing:
As per Section 124 of NI Act, where a cheque bears across its face an addition of the name of a
bank, either with or without the words “not negotiable” that addition shall be deemed a crossing
and the cheque shall be deemed crossed specially, and to be crossed to that banker.
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NI Act - 1881
Where a cheque is crossed specially to more than one Banker, except with crossed to an
agent for the purpose of collection, the banker on whom it is drawn shall refuse payment
thereof.
e. Cheque crossed “Not Negotiable”: As per Section 130:-
A person taking a cheque crossed generally or specially, bearing in either case “Not
Negotiable” shall not be capable of giving a better title to the cheque than that which the
person from whom he had took it.
ENDORSEMENT:
A negotiable instrument may be transferred by negotiation or assignment. Negotiation can be
effected by mere delivery if the instrument is a bearer one and by endorsement and delivery in
case it is an order instrument. An order instrument means instrument payable to a specified
person or to the order or to the order of that specified person. If an instrument payable to order is
transferred without endorsement, it is merely assigned and the holder thereof is not entitled to
the rights of holder in due course.
Meaning of Endorsement:
An endorsement is the mode of negotiating a negotiable instrument. A negotiable instrument,
payable otherwise than to a bearer, can be negotiated only by endorsement and delivery.
According to section 15 of NI Act, an endorsement is “when the holder of a negotiable
instrument signs the same, otherwise than such as maker, for the purpose of negotiation, on the
back or face thereof or on a slip of paper annexed thereto, he is said to endorse the same and is
called the “endorser”. The person to whom the instrument is endorsed is called the “endorsee”.
The word “Endorsement” is said to have been derived from Latin “en” means “upon” and
“dorsum” meaning the “back”. Thus usually the endorsement is done on the back of the
instrument though it may be made on the face of it. Where no space is left on the instrument, the
endorsement may be made on a slip of paper attached to it which is called “Allonge”.
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NI Act - 1881
iv. Wherein a negotiable instrument payable to order, the payee or endorsee is wrongly
designated, or his name is mis-spelt, he should sign the instrument in the same manner as
given in the instrument. Though, he may add, if he thinks fit, his proper signature.
v. Where there are two or more endorsements on an instrument, each endorsement is
deemed to have been made in the order in which it appears on the instrument, until
contrary is proved.
vi. An endorsement may be made in blank or special. It may also be restrictive.
Types of Endorsements:
According to NI Act, endorsement may take any of the following forms:
i. Endorsement in Blank or General Endorsement:
As per Section – 16 of NI Act when the endorser signs his name only, the endorsement is said to
be “Blank Endorsement”. That is the endorsee does not specify an endorsee. An instrument so
endorsed becomes payable to the bearer thereof even though originally payable to order
(Section- 54).
ii. Endorsement in Full or Special Endorsement:
As per Section – 16 of NI Act when the endorser signs his name and adds direction to pay a
certain person or his order, the endorsement is said to be “Full Endorsement”. That is the
endorsee specifies an endorsee. The holder of an instrument endorsed in blank can convert the
blank endorsement into an endorsement in full by simply writing the name of any person in the
space above the endorser’s signature.
iii. Restrictive Endorsement:
An endorsement is restrictive when it prohibits further negotiation of a negotiable instrument.
Section – 50 of NI Act states: “The endorsement may, by express words, restricts or exclude the
right to negotiate or may constitute the endorsee an agent to endorse the instrument or to receive
its contents for the endorser or for some other specified person. For example- if a cheque is
endorsed as “Pay to X only”, it cannot be negotiated.
iv. Partial Endorsement:
If only a part of the amount of the instrument is endorsed, it is a case of partial endorsement.
According to Section- 56 of NI Act “ No writing on a negotiable instrument is valid for the
purpose of negotiability, if such a writing purports to transfer only a part of the amount
appearing to be due on the instrument. Thus partial endorsement is invalid.
v. Conditional Endorsement:
This is not a common form of endorsement. It may take many forms. It may either limit the
liability of the endorser or create some liability on the endorsee to receive payment of the
instrument. That is, an endorsement may be preceded by certain condition, which should have
been fulfilled by the endorsee, for obtaining payment. For example, a cheque payable to Mr.
Haider may be endorsed as follows:
“Pay to Raihan if he reaches Rajshahi”--- Haider
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NI Act - 1881
b. Sans Frais Endorsement: Sans Frais means without expense. Here the
endorser is not liable for any subsequent expenses like noting, protesting etc.
other than amount of the instrument.
“ Pay to Rahim or order, Sans Frais (without recourse) to me”------ Haider
Liability of endorser:
a. Every endorser is liable to every subsequent holder, in case, the instrument is
dishonored.
b. The endorser is liable, only he is served with a notice of dishonor.
c. This liability of the endorser can be excluded by a separate contract to the contrary.
d. The endorser can get rid of his liability by making such endorsement like “Sans
Recourse”.
Implication:
The implication of the NI Act for the bankers is lying with knowing the Act, obeying it and
carrying out the banking activities accordingly with a view to minimize the risks in dealing with
negotiable instruments.
References:
i. The Negotiable Instrument Act – 1881
ii. Banking Law & Practice by SN Masheshwari
iii. BIBM reading materials.
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NI Act - 1881
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