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INTRODUCTION
Documents of a certain type , used in commercial
transactions and monetary dealings are called negotiable instrument. Negotiable means transferable by delivery and instrument means a written document by which a right is created in favour of some person. Thus negotiable instrument means a document transferable by delivery.
DEFINATION
Negotiable instrument act, 1881 states that :
negotiable instrument means a promissory note, bills of exchange or cheque payable either to order or to bearer Sec 13(1)
Bills of exchange
cheque
Promissory Note
A Promissory note is an instrument in writing
containing an unconditional undertaking signed by maker, to pay a certain sum of money only to , or to order of a certain person, or to the bearer of instrument .sec 4
He is the person who signs and draws the promissory note and promise to pay the amount.
PAYEE :
Bills Of Exchange
A bills of exchange is an instrument in writing
containing an unconditional order, signed by 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
The drawer is the person who makes the bills of exchange. DRAWEE: A drawee is a person who is directed by the drawer to pay the money to the payee. PAYEE: The person who receives the money is called payee.
An order to pay.
Payee must be certain. Must be properly stamped.
CHEQUE
A cheque is an instrument in writing containing an
unconditional order, addressed to a banker, signed by the person who has deposited money with the banker, requiring him to pay on demand a certain sum of money only to or to the order of certain person or to the bearer of the instrument. ...sec.6
Features Of Cheque
Instrument in writing. Unconditional order.
Payable on demand.
Certain sum of money. Payee must be certain.
Example Of Cheque
Distinction
cheque
It must be drawn only on banker.
Bills of exchange
It can be drawn on any person including a banker.
Distinction
Promissory note Bills of exchange
There are 2 parties: Maker & payee A note contains an unconditional promise by maker to pay to the payee.
There are 3 parties : Drawer Drawee & Payee It contains an unconditional order to the drawee to pay according to drawers directions.