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NEGOTIABLE INSTRUMENTS
ACT , 1881
Negotiable Instruments
Negotiable Instruments
Definition:
Negotiable Instruments Act , 1881 states that,
“ A negotiable instrument means a promissory note, bill
of exchange or cheque payable either to order or to
bearer”.
---Sec. 13(1)
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
What is Negotiation?
1. Promissory note
2. Bill of Exchange
3. Cheque
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Revenue
Stamp
Sd/X.Y.
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Bill of Exchange
Bill of Exchange
Definition:
“ 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.”
----Sec. 5
e.g. To A.B.
“ Six months after date pay P.Q. or order Rs. 1000”
Sd/X.Y.
Date………………..
Stamp…………………
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Bill of Exchange
The maker of a bill of exchange is called the Drawer.
The person who is directed to pay is called the Drawee.
The person who will receive the money is called the
Payee.
When the payee has custody of the bill, he is called the
Holder. It is the holder’s duty to present the bill to the
drawee for acceptance. The drawee becomes the
Acceptor after signing on the bill.
Sometimes the name of another person is mentioned
as the person who will accept the bill if the original
drawee does not accept it. Such a person is called the
Drawee in case of Need.
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
e.g. “ Please let the bearer have Rs. 1000 and oblige.”
Periods
1- Demand bill
2-Term bill
Purpose
1-Trade bill
2-Accomodation bill-help party financially
Inland bills
Foreign bills
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
d
pte
Ac
ce er
e nd
aty
To Sd
/-S
Revenue
Satyender 12 Stamp
miles MIM,
Ranchi
Sd/Ritesh.
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Difference between Promissory Note and Bill Of Exchange
1. Two parties 1. Three parties
2. Unconditional promise to 2. Unconditional order to pay
pay
3. Maker of a note is the dr. & 3. The drawer of a bill is the
he himself undertakes to creditor who directs the
pay drawee (his dr.) to pay
4. Liability of maker is 4. Liability of maker or
primary. drawer is secondary.
5. A pro-note cannot be made 5. Drawer and payee may be
payable to the maker same.
himself.
6. A note requires no 6. It must be accepted by
acceptance drawee
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
CHEQUES
What is a Cheque?
A cheque may be defined as written order of a
depositor upon a bank to pay to or to the order of a
designated party or to the bearer, a specified sum of
money on demand.
The person who draws the Cheque is called drawer, the
bank on which the Cheque is drawn is called drawee,
and the person to whom payment is to be made is
called Payee.
Cheque is always drawn on a specified banker and it
is always payable on demand.
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Cheque
Definition:
“ A cheque is a bill of exchange drawn upon a specified
banker and payable on demand.”
----Sec. 6
Specimen of a cheque
Cheques are usually printed in the form shown
below. e.g.
Date
……………
Pay A.B. or order (or bearer) the sum of Rupees Five
Hundred only Rs. 500/-
To
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Essentials of a Cheque
It must be unconditional order
It must be in writing
It must be drawn on a specified banker
It must be signed by the drawer
The order must be for the payment of a certain sum of money only
Drawer, drawee and payee must be certain
The amount must be payable on demand
The signature must tally with the specimen signature of the
drawer kept in the bank.
A cheque must be dated.
A cheque drawn with a future date is valid but it is payable on and
after the date specified. Such cheques are called post-dated
cheques.
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Types of Cheques
Open Cheque:
Open Cheques are those Cheques which are paid
across the counter of the bank.
Open Cheques has further two types
Bearer Cheque
Order Cheque
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Types of Open Cheque
Bearer Cheque:
Truncated cheque
Electronic cheque
Electronic version of a paper cheque
Using email or other transport methods
Exact mirror image of a paper cheque
Digital signature
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Crossed cheque
If a cheque is crossed by drawing two parallel lines
across the face of the Cheque, with or with out the
words & Co or A/c payee only, it is called a Crossed
Cheque.
The crossed Cheque cannot be paid on the
counter of the drawee bank. It will be deposited
in the account of a person in whose order or favor
it is drawn.
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Objectives of Crossing
Kinds of Crossing
Kinds of Crossing
General crossing:
The drawing up of two parallel lines on the face of the
Cheque at the top left hand corner with or without the
words & Co not negotiable or Account payee only is
known as a General Crossing.
The effect of general crossing is that the crossed
Cheque cannot be paid at the counter of the bank.
Its payment can only be deposited into the payee’s
account only.
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Kinds of Crossing
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Kinds of Crossing
Special crossing:
A Cheque is deemed to be crossed specially when it
bears across its face the name of the banker either
with or without the words not negotiable.
In case of special crossing the payment can only be
made to the bank named therein the Cheque.
A special crossing makes a cheque safer than
general
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Kinds of Crossing
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Kinds of Crossing
Kinds of Crossing
Restrictive Crossing or Account Payee Crossing
Kinds of Crossing
Double crossing
Crossing a cheque specially to more than one banker
A cheque cannot have Double crossing
– first crossing is defeated by the second
crossing
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Kinds of Crossing
Obliterating a crossing
Erasing the crossing on the cheque
Opening of crossing-if the crossing of cheque is
cancelled ,Then it becomes a open cheque
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Dating of Cheques
Ante dated Cheque -date earlier to the date of issue
Post dated cheque – date which is yet to come
Stale cheque – a cheque which is not presented
for payment with in reasonable period of time (3
months)
Mutilated cheque-torn into two or more pieces
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Holder (Sec. 8)
The holder of a promissory note, bill or cheque
means any person entitled in his own name (i) to the
possession thereof, and (ii) to receive or recover the
amount due thereon from the parties thereto.
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
DEMAND DRAFT
Endorsement
Effects of Endorsement
Kinds of Endorsement
1. Blank or general endorsement
Just put the signature of endorser without mention the
name of endorsee
Eg: sd/-
D.Mohan
2. Special
or full
endorse
Eg:ment
Pay to Ghosh or order
Including sd/-
the name D.Mohan
. Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Kinds of Endorsement
3. Restrictive endorsement
Kinds of Endorsement
5. Partial endorsement
When an endorser endorses only a part of the amount
mentioned in the instrument. It is irregular
6. Sans frais endorsement-sans frais means without
expense.
Pay Aneesh or order,without expense to me
sd/
M.P Sudheer
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Liability of Endorser
Electronic payment
Parties of E - payment
Payer and payee
Financial institutions -2 roles
as an issuer –interacting with the
payer as an acquirer – interacting with payee
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
No paper
Directly from home or office
fast, efficient, safe,secure and less costly
Fully traceble
Same day value of payment
Same day money transfer
Convenient for the consumer
Customer retention
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Phases of E-Payment
Registration
Invoicing
Payment selection and processing
Payment authorization and confirmation
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
Types of E-payment
Cards
Internet
Mobile payment
Financial service kiosks
Television set top boxes and satellite receiver
Biometric payment
Electronic payment networks
Person to person payments
Swayam Siddhi College of Mgt & Research
SSCMR Presentor : Prof. Rahul Shah
THANK YOU…!!!