BPP Notes IV & V Unit
BPP Notes IV & V Unit
The Negotiable Instruments Act 1881-Features of Negotiable instruments-Important concepts and explanations under the
Negotiable Instruments Act- The Paying Banker- Dishonour of cheques-Negotiation-Endorsement- The Collecting Banker-
Negligence-Bills of exchange and promissory note-Discharge of Negotiable instruments -Hundis.
UNIT-IV
D.Mohan
2. Special or full endorsement
Including the name of endorsee
Eg:
Pay to Ghosh or order sd/-
D.Mohan
3. Restrictive endorsement
An endorsement, when it prohibits or restricts the further negotiation of the instrument.
Eg: pay to Ghosh only sd/-
D.Mohan
4. Conditional or Qualified
An endorsement is conditional or qualified if it limits or negates the liability of the endorser
Eg: pay to ghosh on Signing a receipt Sd/-
D.mohan
5. Partial endorsement
When an endorser endorses only a part of the amount mentioned in the instrument. it is irregular
The collecting Banker
A Collecting Banker is one who undertakes to collect various types of instruments representing
money in favour of his customer or his own behalf from the drawers of these instruments; some
are negotiable instruments as provided for in the negotiable instruments Act. 1881 and some are
quasi negotiable instruments.
Duties & Responsibilities of Collecting Bankers:
Acting as agent: While collecting an instrument, whether for credit to customer’s account or for
himself, the Bankers works as agent of his customer. As an agent he has generally to take such
steps & precautions to protect the interest or his customer as a man of ordinary prudence would
take to safe-guard his own interest.
Scrutinizing the instruments: Name of the holder, Branch name, date, amount in world and
figure, any cutting without signature, material alteration of any to be checked carefully.
Checking the endorsement: Bankers has to check the instrument whether it has been endorsed
properly.
Presenting the instrument in due time: It is the responsibility of the collecting bank to present the
instrument in due time to the paying bank.
Collecting the proceeds in the payee’s account: It is the duty of collecting banks to collect and
credit the proceed of the instruments to the proper/correct account.
Notice of dishonor and returning the instruments: If any instrument is dishonored by the paying
bank it should be informed to the customer on the business day following the receipt of the
unpaid instruments.
Collecting Banker’s Protection:
Under section 131 of negotiable instrument Act the collecting banker is not liable to the true
owner of a cheque or a banker’s draft if his title to the instrument proves defective provided the
cheque or draft was one crossed generally or specially to himself and collected for a customer is
good faith and without negligence.
The above statutory protection is available to the collecting banker only if he fulfills the
following conditions:
• The cheque he collected is a crossed cheque.
• He collected such crossed cheque only for his customer as an agent & not as a holder for
value.
• He collected such crossed cheque in good faith and without negligence.
Negligence
There are a variety of ways in which a bank can be considered to be negligent in undertaking its
duties towards its customers, many of which are noted in the discussion above by implication. In
broad terms, for the customer to raise the issue, it will be necessary to challenge the efficiency of
the security mechanisms put in place by the bank or offer a credible alternative explanation for
what happened.
Bill of exchange
A bill of exchange is an instrument in writing containing the 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”.
Three parties:
• The maker of 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
Specimen of bill of exchange
⚫ Rs 5000 Place.
Date.
On demand pay to Rajesh or order, the sum of Rs 5000/- (Rupees Five thousand only) for value
received.
To Ajith Sd- Stamp
(Address) Babu
⚫ Here Babu is the drawer
⚫ Ajith is the drawee (Acceptor)
⚫ Rajesh is the payee
Essentials of bill of exchange
• The instrument must be in writing.
• The instrument must contain an order to pay.
• There must be three parties.
• The instrument must be signed by the drawer.
• The amount of money to be paid must be certain.
• The payee must be certain.
• It must comply with the formalities as regards date, stamp etc.
Promissory note
“A promissory note is an instrument in writing 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”.
Two parties:
⚫ The person who makes the promissory note and promises to pay is called the maker.
⚫ The person to whom the payment is to be made is called the payee.
⚫ Eg I promise to pay A or order Rs 500.
Types of Hundis
Sahyog Hundi: This is drawn by one merchant on another, asking the latter to pay the
amount to a third merchant. In this case the merchant on whom the hundi is drawn is of some
'credit worthiness' in the market and is known in the bazaar. A sahyog hundi passes from one
hand to another till it reaches the final recipient, who, after reasonable enquiries, presents it
to the drawee for acceptance of the payment. Sahyog means co-operation in Hindi and
Gujrati, the predominant languages of traders. The hundi is so named because it required the
co-operation of multiple parties to ensure that the hundi has an acceptable risk and fairly
good likelihood of being paid, in the absence of a formalized credit monitoring and reporting
framework.
Darshani Hundi: This is a hundi payable on sight. It must be presented for payment
within a reasonable time after its receipt by the holder. Thus, it is similar to a demand bill.
Muddati Hundi: A muddati or miadi hundi is payable after a specified period of time.
This is similar to a time bill.
UNIT-V
UNIVERSAL BANKING