ANALYSIS

ANSWER 1) DRAWER the person who draws the bill, and in this case, JEEVAN DRAWEE the person, to whom the bill is drawn, i.e., PREETAM PAYEE the party who pays i.e. Bank of India.

From the given statement it can be analyzed that it was Jeevans responsibility to pay to Preetam and it should be his point of concern to check and draw the cheque only after seeing in his account that are sufficient funds or not. Without checking prior, he drew the cheque, and having insufficient funds in his account Preetam had to suffer. Preetam, here, has the right over Jeevan and he can sue him for the same. Also, bank, as well, has the liability against Jeevan only, while Preetam has no liability over the bank, while Jeevan has full right over the bank, and there should be sufficient balance in the account of Jeevan. ANSWER 2) The major highlights of this situation are: It is a breach of contract Honda is liable to pay to Swaraj Cheque dishonor facilities Honda, to a small extent can have certain defenses as a drawer, but actually talking there is no defense as such. Honda owes money to Swaraj
Bills of Exchange and Promissory Note has nothing to do with the case, but as

asked, to defend and define the Bills of Exchange and Promissory Note.

 According to the Sec138 of Negotiable Instruments Act, 1981 Swaraj can send a notice

before or within one month to Honda and give a 15days notice to pay off. If Honda fails in that case too then Swaraj can file a case within next one month.
Also, in such a case Swaraj should send a legal notice as per section 138 of the

Negotiable Instruments Act 1981, to Honda within a month of receiving information from his banker. A time span of 15 days should be given to Honda so as to pay the due amount.
In case Honda fails to pay within the given 15 days of receiving the notice, Swaraj can

file a complaint in the court of magistrate. Swaraj can also file a civil case to claim his money.