1. NEGOTIABLE INSTRUMENTS
Evolution & Revolution of Negotiable Instruments
which have Transformed the Commercial World into a
Virtual Single Global Peace
Presented By :
(A1 Batch)
Rollno Names
26 Manisha Maheshwari
27 Mehak Kala
29 Mitesh Pomani
30 Mitesh K Shah
36 Rajiv Desai
37 Ravi Rajpurohit
38 Ruchik Gandhi
39 Saurov Sengupta
40 Shuvro Sen

2. CONTENTS PAGE NO
Evolution Of Negotiable Instruments 2
What Are Negotiable Instruments 7
Types Of Negotiable Instruments 11
Difference Between Negotiable Instruments 22
Features Of Negotiable Instruments 23
Negotiation Of Commercial Paper 25
Exceptions Of Negotiable Instruments 27
E-Transfers 28
Indian Law Governing Foreign Instruments 33
Dishonor Of Negotiable Instruments 35
Negotiable Instruments Connects Global Peace 38
Case Studies 40
Fraud 44
Current Scenario 53
Summary 55
Bibliography 58
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3. 1. EVOLUTION OF TRADE AND COMMERCE LEADING TO THE
INTRODUCTION OF NEGOTIABLE INSTRUMENTS.
The world as a whole has been the “cradle of commerce” because this
exchange is not only between individuals but also between peoples and
nations. This naturally implies the existence of:
1- CERTAIN SURPLUS OF WEALTH
2- CERTAIN PROVISION FOR COMMUNICATION
Both of which are essential for growth of commerce. Unless there is a surplus
of wealth and provision for communication, commerce cannot grow.
EXAMPLE- In the primitive economic society when each tribe or family
produced all that is needed and consumed all that it produced, need of
commerce did not and could not arise. Only after the division of labour and
consequent development of exchange, commerce began to grow. Once it
started growing, it spread its invisible thread throughout the length and breadth
of the world leading to its present day complex mechanism. These stages may
be summarized as follows:
1. NON EXISTENCE OF COMMERCE- In the early stage of economic life
of man division of labour scarcely existed. Man produced what he
needed and consumed all that he produced. Therefore commerce did not
exist in this stage.
2. TRADE IN THE FORM OF BARTER- In the second stage, wants of the
family became more numerous and many families found themselves with
certain goods and surplus and deficient in certain other goods. These
families wanted to exchange their surplus goods for those goods which
they did not possess. This gave rise to “exchange of goods for goods,
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4. i.e., Barter system. Thus this is the place from where commerce may be
said to have begun.
3. MONEY AS A MEDIUM OF TRADE AND TOWN AS THE CENTRE OF
TRADE- Commerce reached into its third stage of growth when money
was evolved as medium of exchange to remove the limitations of barter.
Introduction of money began led to the extension of division of labour and
specialization. People began to produce goods for certain local markets.
Thus, division of labour was extended to a locality. Gradually a separate
class of artisans and traders came into existence. They settled down at
fixed places which came to be known as towns.
Growth of these towns gave great stimulus to commerce. The size of the
market and the number of commodities exchanged in the market, both
increased. Traders from other countries brought luxury articles, metals
and ornaments for sale.
4. ECONOMY AND GROWTH OF COMMERCE- Commerce continued to
grow both in volume and space. After the decline of Guild system, a new
class of people, ENTERPRENEUR class, came into existence. This class of
people became a real intermediary between the producers and consumers.
Further, growth of commercial enterprise took place. Trade began to
assume fixed forms. Production began to be undertaken for the markets
extended for the whole country. Division of labour received further impetus.
Production was divided into several branches and each branch tended to be
localized. Various economic activities came to be clearly marked off into
distinct groups:
A- AGRICULTURE
B- TRADE
C- COMMERCE.
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5. WORLD ECONOMY AND THE WORLD MARKET- Commerce entered
into another stage of its growth when nations of the world were brought
into commercial relationships through the invisible thread of trade. As a
result of the geographical discoveries of the late 15th, 16th and 17th
centuries new trade routes were opened up and commerce grew
between nations. Now, in addition to the local market and the trade
extending over the whole area of a single country, commodities came to
be sold and purchased between traders from different countries in the
world. This gave rise to an international world market and to the
international trade. Thus the nations of the world were linked together
through the medium of the world market.
Evolution of commerce is a never ending process. Almost every day new
experiments in its mechanism are made. New forms and methods are
being evolved in both socialist and capitalist countries, in both developed
and developing nations.
WHY WAS IT NECESARRY TO INTRODUCE NEGOTIABLE
INSTRUMENTS?
Historically business developed by stages.
(1) Pastoral stage (2) Agricultural stage (3) Handicrafts stage (4) Guild stage
(5) Domestic stage and (6) Factory stage.
Pastoral stage: In primitive society man used things just as they were found in
nature. With time, he learned to domesticate animals and breed them for food
and clothing. Since he had to find pastures for his animals, he tended to lead a
wandering life. But in this stage his work served mainly to support only him with
his own needs and left very little surplus available foe exchange on a business
basis.
Agricultural stage: In course of time, the nomadic tribes settled permanently at
fixed places, built up the huts and shelters for their residences and began
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6. cultivating the land in common. Growing corns, grasses etc. became the main
occupation. Agriculture emerged as the basic feature of economic living of man.
He gradually produced more and then started to exchange it with other
commodities. This was known as barter system.
Handicraft stage: In this stage manufacturing was limited to the human efforts
to transform raw materials into finished goods. It included candle and soap
making, spinning, weaving, making of clothes and shoes, blacksmithing, leather
dressing, carpentry etc.
Guild stage: A guild is an association of persons following a similar occupation
and it is formed to protect and promote the interest of its members through
cooperative endeavors.
Domestic stage: A new class entrepreneur emerged as a link between
producer and consumer. Now entrepreneur purchased the raw materials for the
purpose of manufacture and sale nut did not do the processing himself. He took
the risk of productions and sale. Out of the proceeds of his undertaking, he paid
for the materials and labour. The amount left was his profit
Factory stage: In this stage an organized system of production under a single
roof came to be identified as a factory. Large scale operations with the use of
mechanized production processes resulted in producing good quality products
at cheaper rates. However it was greatly influenced not only by its own
processes but also by government under which it operates.
These were the different stages of evolution of business. However it was noted
that the growth was very slow and the system was very complex. There were
different instruments used to purchase different commodities in different stages.
The system of exchange was such that it led to confusion and various
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7. complexities. To avoid such confusion and to operate the business activities
smoothly negotiable instruments were introduced.
2. WHAT ARE NEGOTIABLE INSTRUMENTS?
Exchange of goods and services is the basis of every business activity. Goods are
bought and sold for cash as well as on credit. All these transactions require flow of
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8. cash either immediately or after a certain time. In modern business, large number
of transactions involving huge sums of money takes place every day. It is quite
inconvenient as well as risky for either party to make and receive payments in
cash. Therefore, it is a common practice for businessmen to make use of certain
documents as means of making payment. Some of these documents are called
negotiable instruments.
Meaning of Negotiable Instruments
The concept of negotiability is one of the most important features of commercial
paper. A negotiable instrument is a written document, signed by the maker or
drawer, and containing an unconditional promise to pay (or order to pay) a certain
sum of money on delivery, or at a definite time, to the bearer (or to the order).
To understand the meaning of negotiable instruments let us take a few examples
of day-to-day business transactions.
EXAMPLE
Suppose Pitamber, a book publisher has sold books to Prashant for Rs 10,000/-
on three months credit. To be sure that Prashant will pay the money after three
months, Pitamber may write an order addressed to Prashant that he is to pay after
three months, for value of goods received by him, Rs.10,000/- to Pitamber or
anyone holding the order and presenting it before him (Prashant) for payment. This
written document has to be signed by Prashant to show his acceptance of the
order. Now, Pitamber can hold the document with him for three months and on the
due date can collect the money from Prashant. He can also use it for meeting
different business transactions. For instance, after a month, if required, he can
borrow money from Sunil for a period of two months and pass on this document to
Sunil. He has to write on the back of the document an instruction to Prashant to
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9. pay money to Sunil, and sign it. Now Sunil becomes the owner of this document
and he can claim money from Prashant on the due date. Sunil, if required, can
further pass on the document to Amit after instructing and signing on the back of
the document. This passing on process may continue further till the final payment
is made.
In the above example, Prashant who has bought books worth Rs. 10,000/- can
also give an undertaking stating that after three month he will pay the amount to
Pitamber. Now Pitamber can retain that document with himself till the end of three
months or pass it on to others for meeting certain business obligation (like with
Sunil, as discussed above) before the expiry of that three months time period.
You must have heard about a cheque. What is it? It is a document issued to a
bank that entitles the person whose name it bears to claim the amount mentioned
in the cheque. If he wants, he can transfer it in favour of another person. For
example, if Akash issues a cheque worth Rs. 5,000/ - in favour of Bidhan, then
Bidhan can claim Rs. 5,000/- from the bank, or he can transfer it to Chander to
meet any business obligation, like paying back a loan that he might have taken
from Chander. Once he does it, Chander gets a right to Rs. 5,000/- and he can
transfer it to Dayanand, if required. Such transfers may continue till the payment is
finally made to somebody. In the above examples, we find that there are certain
documents used for payment in business transactions and are transferred freely
from one person to another. Such documents are called Negotiable Instruments.
Thus, we can say negotiable instrument is a transferable document, where
negotiable means transferable and instrument means document. To elaborate it
further, an instrument, as mentioned here, is a document used as a means for
making some payment and it is negotiable i.e., its ownership can be easily
transferred.
Thus, negotiable instruments are documents meant for making payments, the
ownership of which can be transferred from one person to another many times
before the final payment is made.
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10. Definition of Negotiable Instrument
According to section 13 of the Negotiable Instruments Act, 1881, a negotiable
instrument means “promissory note, bill of exchange, or cheque, payable either to
order or to bearer”.
Explanation
(i).-A promissory note, bill of exchange or cheque is payable to order which is
expressed to be so payable or which is expressed to be payable to a particular
person, and does not contain words prohibiting transfer or indicating an intention
that it shall not be transferable.
(ii).-A promissory note, bill of exchange or cheque is payable to bearer which is
expressed to be so payable or on which the only or last endorsement is an
endorsement in blank.
(iii).-Where a promissory note, bill of exchange or cheque, either originally or by
endorsement, is expressed to be payable to the order of a specified person, and
not to him or his order, it is nevertheless payable to him or his order at his option.
A negotiable instrument may be made payable to two or more payees jointly,
or it may be made payable in the alternative to one of two, or one or -some of
several payees.
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11. 3. Types of Negotiable Instruments
According to the Negotiable Instruments Act, 1881 there are just three types of
negotiable instruments i.e., promissory note, bill of exchange and cheque.
However many other documents are also recognized as negotiable instruments on
the basis of custom and usage, like hundis, treasury bills, share warrants, etc.,
provided they possess the features of negotiability. In the following sections, we
shall study about Promissory Notes (popularly called pronotes), Bills of Exchange
(popularly called bills), Cheques and Hundis (a popular indigenous document
prevalent in India), in detail.
i. Promissory Note
Suppose you take a loan of Rupees Five Thousand from your friend Ramesh. You
can make a document stating that you will pay the money to Ramesh or the bearer
on demand. Or you can mention in the document that you would like to pay the
amount after three months. This document, once signed by you, duly stamped and
handed over to Ramesh, becomes a negotiable instrument. Now Ramesh can
personally present it before you for payment or give this document to some other
person to collect money on his behalf. He can endorse it in somebody else’s name
who in turn can endorse it further till the final payment is made by you to
whosoever presents it before you. This type of a document is called a Promissory
Note.
Section 4 of the Negotiable Instruments Act, 1881 defines a promissory note
as ‘an instrument in writing (not being a bank note or a currency note) 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’.
Illustration
A signs instrument in the following terms
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12. (a) quot;I promise to pay B or order Rs. 500.quot;
(b) quot; I acknowledge myself to be indebted to B in Rs. 1,000 to be paid on demand,
for value received.quot;
(c) Mr. B, O U Rs. 1,000.quot;
(d) I promise to pay B Rs. 500 and all other sums which shall be due to him.quot;
(e) I promise to pay B Rs. 500, first deducting there out any money which he may
owe me.quot;
(f) quot; I promise to pay B Rs. 500 seven days after my marriage with C.quot;
(g) quot; I promise to pay B Rs. 500 on D's death, provided D leaves me enough to pay
that sum.quot;
(h) quot; I promise to pay B Rs. 500 and to deliver to him my black horse on 1st
January next.quot;
The instruments respectively marked (a) and (b) are promissory notes. The
instruments respectively marked (c), (d), (e), (f), (g) and (h) are not promissory
notes.
Specimen of a Promissory Note
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13. Rs. 10,000/- New Delhi
September 25, 2002
On demand, I promise to pay Ramesh, s/o RamLal of Meerut or order a sum
of Rs 10,000/- (Rupees Ten Thousand only), for value received.
To , Ramesh Sd/ Sanjeev
Address…….. Stamp
Parties to a Promissory Note
There are primarily two parties involved in a promissory note. They are
i. The Maker or Drawer – the person who makes the note and promises to
pay the amount stated therein. In the above specimen, Sanjeev is the maker or
drawer.
ii. The Payee – the person to whom the amount is payable. In the above
specimen it is Ramesh. In course of transfer of a promissory note by payee and
others, the parties involved may be -
a. The Endorser – the person who endorses the note in favour of another
person. In the above specimen if Ramesh endorses it in favour of Ranjan and
Ranjan also endorses it in favour of Puneet, then Ramesh and Ranjan both are
endorsers.
b. The Endorsee – the person in whose favour the note is negotiated by
endorsement. In the above, it is Ranjan and then Puneet.
(Endorsement means transfer of any document or instrument to another person by
signing on its back or face or on a slip of paper attached to it)
Features of a promissory note
Let us know the features of a promissory note.
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14. i. A promissory note must be in writing, duly signed by its maker and properly
stamped as per Indian Stamp Act.
ii. It must contain an undertaking or promise to pay. Mere acknowledgement of
indebtedness is not enough. For example, if someone writes ‘I owe Rs. 5000/- to
Satya Prakash’, it is not a promissory note.
iii. The promise to pay must not be conditional. For example, if it is written ‘I
promise to pay Suresh Rs 5,000/- after my sister’s marriage’, is not a promissory
note.
iv. It must contain a promise to pay money only. For example, if someone writes ‘I
promise to give Suresh a Maruti car’ it is not a promissory note.
v. The parties to a promissory note, i.e. the maker and the payee must be certain.
vi. A promissory note may be payable on demand or after a certain date. For
example, if it is written ‘three months after date I promise to pay Satinder or order a
sum of rupees Five Thousand only’ it is a promissory note.
vii. The sum payable mentioned must be certain or capable of being made certain.
It means that the sum payable may be in figures or may be such that it can be
calculated.
(See specimen below).
Rs. 10,000/- New Delhi
November 14, 2002
I, Ramesh , s/o Sadanand of Surat, Gujarat promise to pay Sashikant, s/o Sunil
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15. Kumar of Ahmedabad, Gujarat or order, on demand, the sum of Rs 10,000/- (Rupees
Ten Thousand only) with interest at the rate of 10 percent per annum, for value
received.
Sd/- Ramesh
Stamp
To
Sashikant
Ahmedabad, Gujarat
ii. Bill of Exchange
Suppose Rajiv has given a loan of Rupees Ten Thousand to Sameer, which
Sameer has to return. Now, Rajiv also has to give some money to Tarun. In this
case, Rajiv can make a document directing Sameer to make payment up to
Rupees Ten Thousand to Tarun on demand or after expiry of a specified period.
This document is called a Bill of Exchange, which can be transferred to some other
person’s name by Tarun.
Section 5 of the Negotiable Instruments Act, 1881 defines a bill of exchange
as ‘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’.
Specimen of a Bill of Exchange
Rs. 10,000/- New Delhi
May 2,2001
Five months after date pay Tarun or (to his) order the sum of Rupees Ten
Thousand only for value received.
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16. To Accepted Stamp
Sameer Sameer S/d
Address Rajiv
Parties to a Bill of Exchange
There are three parties involved in a bill of exchange. They are
i. The Drawer – The person who makes the order for making payment. In
the above specimen, Rajiv is the drawer.
ii. The Drawee – The person to whom the order to pay is made. He is
generally a debtor of the drawer. It is Sameer in this case.
iii. The Payee – The person to whom the payment is to be made. In this
case it is Tarun.
The drawer can also draw a bill in his own name thereby he himself becomes the
payee. Here the words in the bill would be Pay to us or order. In a bill where a time
period is mentioned, just like the above specimen, is called a Time Bill. But a bill
may be made payable on demand also. This is called a Demand Bill.
Features of a bill of exchange
Let us know the various features of a bill of exchange.
i. A bill must be in writing, duly signed by its drawer, accepted by its drawee and
properly stamped as per Indian Stamp Act.
ii. It must contain an order to pay. Words like ‘please pay Rs 5,000/- on demand
and oblige’ are not used.
iii. The order must be unconditional.
iv. The order must be to pay money and money alone.
v. The sum payable mentioned must be certain or capable of being made certain.
vi. The parties to a bill must be certain.
iii. Cheques
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17. Cheque is a very common form of negotiable instrument. If you have a savings
bank account or current account in a bank, you can issue a cheque in your own
name or in favour of others, thereby directing the bank to pay the specified amount
to the person named in the cheque. Therefore, a cheque may be regarded as a bill
of exchange; the only difference is that the bank is always the drawee in case of a
cheque.
The Negotiable Instruments Act, 1881 defines a cheque as a bill of exchange
drawn on a specified banker and not expressed to be payable otherwise than on
demand. Actually, a cheque is an order by the account holder of the bank directing
his banker to pay on demand, the specified amount, to or to the order of the
person named therein or to the bearer.
Specimen of a Cheque
………......20.......
Pay……..............................................................................................................
……....................................................................................................... or Bearer
Rupees………………………………………………
……………………………………………………
STATE BANK OF INDIA
Jawaharlal Nehru University, New Delhi – 110067
MSBL 653003 110002056 10
Features of a cheque
Let us look into some important features of a cheque.
i. A cheque must be in writing and duly signed by the drawer.
ii. It contains an unconditional order.
iii. It is issued on a specified banker only.
iv. The amount specified is always certain and must be clearly mentioned both in
figures and words.
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18. v. The payee is always certain.
vi. It is always payable on demand.
vii. The cheque must bear a date otherwise it is invalid and shall not be honoured
by the bank.
Types of Cheque
Broadly speaking, cheques are of four types.
a) Open cheque, and
b) Crossed cheque.
c) Bearer cheque
d) Order cheque
Let us know details about these cheques.
a) Open cheque: A cheque is called ‘Open’ when it is possible to get cash over
the counter at the bank. The holder of an open cheque can do the following:
i. Receive its payment over the counter at the bank,
ii. Deposit the cheque in his own account
iii. Pass it to someone else by signing on the back of a cheque.
b) Crossed cheque: Since open cheque is subject to risk of theft, it is dangerous
to issue such cheques. This risk can be avoided by issuing other types of cheque
called ‘Crossed cheque’. The payment of such cheque is not made over the
counter at the bank. It is only credited to the bank account of the payee. A cheque
can be crossed by drawing two transverse parallel lines across the cheque, with or
without the writing ‘Account payee’ or ‘Not Negotiable’.
c) Bearer cheque: A cheque which is payable to any person who presents it for
payment at the bank counter is called ‘Bearer cheque’. A bearer cheque can be
transferred by mere delivery and requires no endorsement.
d) Order cheque: An order cheque is one which is payable to a particular person.
In such a cheque the word ‘bearer’ may be cut out or cancelled and the word
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19. ‘order’ may be written. The payee can transfer an order cheque to someone else
by signing his or her name on the back of it.
There is another categorization of cheques which is discussed below:
Ante-dated cheques:- Cheque in which the drawer mentions the date earlier to
the date of presenting if for payment. For example, a cheque issued on 20th May
2003 may bear a date 5th May 2003.
Stale Cheque:- A cheque which is issued today must be presented before at bank
for payment within a stipulated period. After expiry of that period, no payment will
be made and it is then called ‘stale cheque’. Find out from your nearest bank about
the validity period of a cheque.
Mutilated Cheque:- In case a cheque is torn into two or more pieces and
presented for payment, such a cheque is called a mutilated cheque. The bank will
not make payment against such a cheque without getting confirmation of the
drawer. But if a cheque is torn at the corners and no material fact is erased or
cancelled, the bank may make payment against such a cheque.
Post-dated Cheque:- Cheque on which drawer mentions a date which is
subsequent to the date on which it is presented, is called post-dated cheque. For
example, if a cheque presented on 8th May 2003 bears a date of 25th May 2003, it
is a post-dated cheque. The bank will make payment only on or after 25th May
2003.
iv. Hundis
A Hundi is a negotiable instrument by usage. It is often in the form of a bill of
exchange drawn in any local language in accordance with the custom of the place.
Sometimes it can also be in the form of a promissory note. A hundi is the oldest
known instrument used for the purpose of transfer of money without its actual
physical movement. The provisions of the Negotiable Instruments Act shall apply
to hundis only when there is no customary rule known to the people.
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20. Types of Hundis
There are a variety of hundis used in our country. Let us discuss some of the most
common ones.
1. Shah-jog Hundi: This is drawn by one merchant on another, asking the latter to
pay the amount to a Shah. Shah is a respectable and responsible person, a man
of worth and known in the bazaar. A shah-jog hundi passes from one hand to
another till it reaches a Shah, who, after reasonable enquiries, presents it to the
drawee for acceptance of the payment.
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21. 2. Darshani Hundi: This is a hundi payable at 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.
3. Muddati Hundi: A muddati or miadi hundi is payable after a specified period of
time. This is similar to a time bill.
There are few other varieties like Nam-jog hundi, Dhani-jog hundi, Jawabee hundi,
Jokhami hundi, Firman-jog hundi, etc.
4. A. Differences between Bill of Exchange & Promissory
Notes
Promissory Note Bill of Exchange
1. It contains an unconditional 1. It contains an unconditional order.
promise.
2. There are 2 parties – the maker & 2. There are 3 parties – the drawer, the
the payee. drawee & the payee.
3. It is made by the debtor. 3. It is made by the creditor.
4. Acceptance is not required. 4. Acceptance by the drawee is a
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22. must.
5. The liability of the maker/drawer is 5. The liability of the maker/drawer is
primary & absolute. secondary & conditional upon non-
payment by the drawee.
B. Distinction between a Cheque and a Bill of Exchange
Cheque Bill of Exchange
1. It is drawn only on a banker. 1. It can be drawn on anybody
including a banker.
2. The amount is always payable on 2. The amount is payable on demand
demand. or after a specified period.
3. It can be crossed to end its 3. It cannot be crossed.
negotiability.
4. Acceptance is not required. 4. Acceptance is a must.
5.Features of Negotiable Instruments
After discussing the various types of negotiable instruments let us sum up their
features as under
i. A negotiable instrument is freely transferable. Usually, when we transfer any
property to somebody, we are required to make a transfer deed, get it registered,
pay stamp duty, etc. But, such formalities are not required while transferring a
negotiable instrument. The ownership is changed by mere delivery (when payable
to the bearer) or by valid endorsement and delivery (when payable to order).
Further, while transferring it is also not required to give a notice to the previous
holder.
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23. ii. Negotiability confers absolute and good title on the transferee. It means
that a person who receives a negotiable instrument has a clear and undisputable
title to the instrument. However, the title of the receiver will be absolute, only if he
has got the instrument in good faith and for a consideration. Also the receiver
should have no knowledge of the previous holder having any defect in his title.
Such a person is known as holder in due course. For example, suppose Rajiv
issued a bearer cheque payable to Sanjay. It was stolen from Sanjay by a person,
who passed it on to Girish. If Girish received it in good faith and for value and
without knowledge of cheque having been stolen, he will be entitled to receive the
amount of the cheque. Here Girish will be regarded as ‘holder in due course’.
iii. A negotiable instrument must be in writing. This includes handwriting,
typing, computer printout and engraving, etc.
iv. In every negotiable instrument there must be an unconditional order or
promise for payment.
v. The instrument must involve payment of a certain sum of money only and
nothing else. For example, one cannot make a promissory note on assets,
securities, or goods.
vi. The time of payment must be certain. It means that the instrument must be
payable at a time which is certain to arrive. If the time is mentioned as ‘when
convenient’ it is not a negotiable instrument. However, if the time of payment is
linked to the death of a person, it is nevertheless a negotiable instrument as death
is certain, though the time thereof is not.
vii. The payee must be a certain person. It means that the person in whose
favour the instrument is made must be named or described with reasonable
certainty. The term ‘person’ includes individual, body corporate, trade unions, even
secretary, director or chairman of an institution. The payee can also be more than
one person.
viii. A negotiable instrument must bear the signature of its maker. Without the
signature of the drawer or the maker, the instrument shall not be a valid one.
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24. ix. Delivery of the instrument is essential. Any negotiable instrument like a
cheque or a promissory note is not complete till it is delivered to its payee. For
example, you may issue a cheque in your brother’s name but it is not a negotiable
instrument till it is given to your brother.
x. Stamping of Bills of Exchange and Promissory Notes is mandatory. This
is required as per the Indian Stamp Act, 1899. The value of stamp depends upon
the value of the pronote or bill and the time of their payment.
6.Negotiation of Commercial Paper
 Assignment
 Negotiation
 Endorsements
 Four Common Types of Endorsements
Assignment Commercial paper that does not meet all of the requirements of
negotiability cannot be negotiated. It can only be transferred by assignment, which
is governed by the ordinary principles of contract law.
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25. Negotiation Negotiation is the transfer of an instrument in such a form that the
transferee becomes a holder. A holder is a person who is in possession of an
instrument issued or indorsed to that person, to that person's order, to bearer, or in
blank.
Endorsements An instrument is endorsed when the holder signs it, thereby
indicating the intent to transfer ownership to another. Endorsements may be
written in ink, typewritten, or stamped with a rubber stamp.
Blank Endorsements: A blank endorsement consists of the signature alone
written on the instrument.
•Special Endorsements: A special endorsement is made by writing the words
pay to the order of or pay to followed by the name of the person to whom it is to be
transferred and the signature of the endorser.
•Restrictive Endorsements: A restrictive endorsement limits the rights of the
endorsee in some manner in order to protect the rights of the endorser. An
endorsement is restrictive if it is conditional.
•Conditional Endorsement: A conditional endorsement, a type of restrictive
endorsement, makes the rights of the endorsee subject to the happening of a
certain event or condition.
•Qualified Endorsements: A qualified endorsement is one in which words have
been added to the signature that limit the liability of the endorser.
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26. 7.Exceptions
Under the Code, the following are not negotiable instruments, although the law
governing obligations with respect to such items may be similar to or derived from
the law applicable to negotiable instruments.
1. Letters of Credit, which are governed by Article 5 of the Code.
2. Bills of Lading and other documents of title, which are governed by Article 7
of the Code.
3. Securities, such as Stocks & Bonds, which are governed by Article 8 of the
Code.
4. Deeds & other documents conveying interests in real estate, although a
mortgage may secure a promissory note which is governed by Article 3.
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27. 5. IOUs. relating to netting practices and domestic payments and settlement
systems.
8. E- Transfers
Electronic Funds Transfer Act
In 1995, the Reserve Bank had set up the Committee for Proposing Legislation on
Electronic Funds Transfer and other Electronic Payments (Chairperson : Smt.
K.S.Shere). The Shere Committee had recommended a set of EFT Regulations by
the Reserve Bank under the Reserve Bank of India Act,1934 and amendment to
the Bankers’ Books Evidence Act,1881 as short term measures and promotion of a
few Acts like the Electronic Funds Transfer Act, the Computer Misuse and Data
Protection Act etc. as long term measures. The Reserve Bank has already initiated
steps for framing of EFT Regulations. The Government of India have also initiated
steps for promoting Information and Technology Act, 1999 and consequential
Page 27

28. amendments to the Reserve Bank of India Act, 1934, the Bankers’ Books
Evidence Act, 1881 etc.
The proposed Information Technology Bill, 1999 and Electronic Commerce Bill,
1999 are intended to be general purpose legislation covering mainly issues like
secure electronic records and signatures, acceptance of digital signatures, duties
of certification authority, liability of network service providers, computer crime and
data protection. Both the bills deal with electronic contracts and they are being
promoted by the Government of India primarily to facilitate introduction of
Electronic Data Interchange in the commercial sector. However, they are equally
applicable for electronic funds transfer already launched by the Reserve Bank and
is going to be increasingly resorted to by the user banks of the VSAT based
network, the INFINET. However, there is still a need for a separate Act for
Electronic Funds Transfer because certain transactional issues like payments
finality, rights and obligations of the parties involved in electronic funds transfer
etc. cannot be covered in general purpose bills like the proposed Information
Technology Bill or the proposed Electronic Commerce Bill. The EFT Regulations
being framed by the Reserve Bank would address only the specific type of EFT
system that the Reserve Bank would be involved with as a service provider as also
a regulator. The EFT Regulations would, moreover, cover only credit transfer
related transactions and not Debit Clearing transactions. A separate legislation on
the lines of Electronic Funds Transfer Act of USA is, therefore, required which
would be consumer protection oriented and would at the same time address
transactional issues like execution of payment order, settlement finality, etc.
The Reserve Bank has taken the help of a consultant in drafting a new legislation
on Electronic Funds Transfer System and proposing amendment to the Reserve
Bank of India Act 1934. The Committee, after a careful examination of the issue,
has endorsed the view that the proposed Electronic Funds Transfer Act should
cover all forms of electronic payments. The Committee supports the view that the
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29. Reserve Bank, at an appropriate time, considers operating the inter-bank payment
systems through an agency or subsidiary so that its regulatory role is rendered
distinct from its supervisory role. Retail payment systems such as the ECS and the
EFT Remittance Processing Scheme presently operational may be managed by a
group of large banks with country wide branch network and technical capability,
with settlement assistance from the Reserve Bank. This would help the RBI to
focus its efforts only on large value time critical funds transfers to be settled on an
RTGS basis. In the ongoing debate on the role of central bank in payment
systems, the trend is towards distinguishing the central bank role as a regulator
from that of service providers which could be commercial banks themselves or the
entities under the control of commercial banks. The Committee has considered it
necessary that the legal framework for payment system takes into account this
international trend.
Admission of electronic files as evidence and preservation of records:
The Shere Committee had discussed the issues of admitting electronic files as
evidence and of preserving electronic records and recommended the need to
amend the Bankers' Books Evidence Act, 1881 on the lines of the Customs and
Central Excise Laws (Amendment) Act, 1988 and Central Excise and Salt Act,
1944 for the purpose. It is learnt that Government of India is processing the draft
Bill amending the Bankers’ Books Evidence Act, 1881. This is a welcome
development and would meet the legal requirement of acceptance of contracts,
documents etc. in electronic form as evidence.
The Committee considered certain provisions of the proposed Electronic
Commerce Bill for admitting electronic records / signatures as evidence. Clauses
9, 10, 11, 12 and 14 of this proposed Bill which are relevant in this connection are
given in Annexure 16 . It is worth mentioning that while clauses 9, 10 and 11 of
this Bill are based on the UNCITRAL Model Law, clauses 12 and 14 are based on
Singapore Electronic Transactions Act. As and when the Electronic Commerce Bill
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30. is passed, these provisions will be made applicable, ipso facto, to electronic funds
transfer transactions as well.
Funds Transfer through EFT Systems from Tax Compliance Angle
The Shere Committee had recommended that the Central Board of Direct Taxes
(CBDT) may be requested to take up the question of clarifying and, if required,
amending the relative provisions of the Direct Tax Laws like Section 40A of the
Income-Tax Act, 1961. The Committee however felt that, for according the funds
transfer under the EFT system the same status of payment as one made by an A/c
payee cheque, suitable technology may have to be developed for treating such
transfers as A/c payee transfers. A mere recognition to that effect by the CBDT
may not be adequate to treat such transfer as A/c payee cheques. Legal
provisions need to be made if such recognition has to be given. The first test would
arise when paper instruments like cheques are used along with the use of EFT
system. So long as both the systems are in existence at the same time, it would
require either amendments to the Negotiable Instruments Act or a separate
legislation to deal with the matter.
Cheque Truncation
Cheque Truncation is a method of payment processing where under movement of
the paper instrument is truncated by substituting with electronic transmission of the
cheque details or data. The Shere Committee had examined the legal issues
pertaining to cheque truncation and had indicated that the definition of
presentment in the Negotiable Instruments Act may have to be amended for
adoption of cheque truncation system in India. Under the Negotiable Instruments
Act, 1881, cheques would have to be presented for payment to drawee / drawer
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31. bank. Without such presentment, no cause of action arises against the drawer. In
default of presentment of a cheque to the drawee for payment, other parties to the
cheque are not liable to the holder. It is by banking practice and under the Uniform
Rules and Regulations for Clearing Houses that banks have agreed for
presentment at any place other than the branch, such as the clearing house.
Besides, the implications of the definition of payment in due course under the
Negotiable Instruments Act, 1881 may make it difficult for banks to introduce
cheque truncation system simply by agreement among themselves. The right of
the paying bank to require physical presentation and possession of the cheque are
designed to provide the bank with an opportunity to examine the signature and
other authentication of the cheque. This is meant essentially to protect the interest
of the drawer. Therefore, in UK, the cheque truncation system started with
customer consent agreements and was eventually introduced after a fair degree of
familiarization with imaging technology by the banks. Thus, introduction of cheque
truncation system may require adoption of a fairly standardized imaging
technology and appropriate amendments to the Negotiable Instruments Act, 1881.
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32. 9. Section 134 to 137 is of an International Law and
the said 4 sections read as follows:
134. Law governing liability of maker, acceptor or endorser of foreign instrument.
In the absence of a contract to the contrary, the liability of the maker of drawer of
a foreign promissory note, bill of exchange or cheque is regulated in all essential
matters by the law of the place where he made the instrument, and the respective
liabilities of the acceptor and endorser by the law of the place where the instrument
is made payable.
Illustration
A bill of exchange was drawn by A California where the rate of interest is 25 per
cent and accepted by B, payable in Washington where the rate of interest is 6 per
cent. The bill is endorsed in [India], and is dishonoured. An action on the bill is
brought against B in [India]. He is liable to pay interest at the rate of 6 per cent,
only; but if A is charged as drawer, A is liable to pay interest at the rate of 25 per
cent.
135. Law of place of payment governs dishonours.
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33. Where a promissory note, bill of exchange or cheque is made payable in a
different place from that in which it is made or endorsed, the law of the place,
where it is made payable determines what constitutes dishonour and what notice
of dishonour is sufficient.
Illustration
A bill of exchange drawn and endorsed in [India], but accepted payable in France,
is dishonoured. The endorsee causes it to be protested for such dishonour and
gives notice thereof in accordance with the law of France through not in
accordance with the rules herein contained in respect of bills which are not foreign.
The notice is sufficient.
136. Instrument made, etc. out of India, but in accordance with the law of India
If a negotiable instrument is made, drawn accepted or endorsed [outside India], but
in accordance with the [law of India], the circumstance that any agreement
evidenced by such instrument is invalid according to the law of the country wherein
it was entered into does not invalidate any subsequent acceptance or
endorsement made thereon [within India].
137. Presumption as to Foreign Law.
The law of any foreign country [***] regarding promissory note, bills of exchange
and cheques shall be presumed to be the same as that of [India], unless and until
the contrary is proved.
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34. 10 Dishonor Of Negotiable Instruments
Complaints of cheque :
To answer in nutshell, a person desirous to initiate action under section 138 of
Negotiable Instruments Act (quot;Complainantquot;), should ensure following:
-The instrument is a cheque (and not any other instrument like bill of exchange or
promissory note)
-Complainant is a payee or holder in due course of a returned cheque
-The cheque should have been in discharge of debt or liability (and not gift etc)
-The cheque should have returned for reasons quot;want of fundsquot;, “a/c closed” or
“stopped payment”
-Complainant should make out a prima facie case. Thereafter, the accused has to
prove absence of consideration
-Complainant should issue a demand notice within 30 days from the Complainant's
receiving information of return. the notice need not be received by the accused (i.e.
drawer of the cheque) within 30 days
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35. -It is advisable to give demand notice only once by a single mode, say registered
ad letter
-Demand notice may cover more than one returned cheque
-Demand notice should demand the drawer to pay within 15 days from its receipt
by the drawer of the cheque
-Advisable to gather the date and evidence of receipt of demand notice by the
drawer of the cheque
-Cause of action arises on 16th day when the drawer of the cheque doesn't pay
within 15 days from the Drawer’s receiving or refusing demand notice
-Cause of action arises only once, though there can be several returns. Hence
advisable to give notice only when it is decided to file a complaint
-Complaint should be filed within 30 days from 16th day from the date of receipt by
Drawer of the Demand Notice
-If the last day of limitation for filing a complaint is a holiday, may file it on the next
working day. Courts not allowed to condone delay in filing a complaint and hence
timing should be adhered to
-Complaint is maintainable against all the partners for a cheque return of their firm
-In case of a company, managing director/ deputy managing director’s liability is
assumed while as regards other directors etc it is necessary that such person was
in charge of and responsible for the conduct of business of the company and this is
specifically averred in the complaint
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36. -It is not necessary to make the company or the firm a party to the complaint
-Complaint runs independent of any other proceeding
-Complaint is not maintainable against legal heirs of the Drawer.
BILLS OF EXCHANGE
Dishonor of the bill: when the bill of exchange is not accepted or not paid on
maturity the bill is said to have been dishonored. From the above it is clear that the
bill is dishonored on two accounts:
a. Dishonor by non-acceptance
b. Dishonor by non-payment
Dishonor by non-acceptance: when the drawee refuses to accept the bill, it stands
to be dishonored. The dishonor by-non-acceptance may have the following
reasons:
1. The drawee doesn’t accept the bill within 24 hours of its receipt.
2. When the drawee is not entitled to accept it.
3. When the drawee is a fake person.
4. If the bill is to be conditionally accepted
5. When the drawee disappears.
6. In case there are many drawees, and all the drawees do not sign the bill.
Dishonor by Non-Payment: Another reason for the dishonor of a bill is its non-
payment at maturity the drawee may refuse to make the payment of the bill when it
is presented at maturity, this refusal gives rise to dishonor by nonpayment.
The dishonor affects all the parties to the bill. They include the drawer, all endorse
and endorse, who are all accountable and liable to the holder.
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37. 11.Negotiable instruments connects global peace
A global world means different people, different culture, different opinions,
different understanding and different laws in every country. When trade of goods
and services started, problems also started taking up their roles. The cases of
payment problems were observed among the exporting parties. Since the laws of
different differ from each other, these matters could not be solved legally and the
distance between each country made it even more uncomfortable. The ups and
downs in the foreign exchange of every country were making them go through
stagnancy. A certain kind of negotiation was required at an international level to
make the road of trade go smooth. There was indeed a need for a negotiable
instrument which is accepted by every law internationally.
Taking these factors into consideration The Negotiable Instrument Act was
passed. Negotiable instrument include promissory notes, Bills of exchange and
Cheque. These instruments had conditional and unconditional undertakings signed
by the maker. These instruments are internationally accepted. It helped many
countries who were going through foreign exchange deficit.
 Negotiable instrument helped exporters and importers of goods and services
to drag their defaulters to court.
 A smooth flow of trade was observed after the introduction of negotiable
instruments.
 Exporters of goods and services felt a sigh of relief when they export their
goods and services on credit basis as they had the negotiable instrument
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38. with them dually signed by both the parties i.e. drawer and the drawee which
was a strong proof document.
Negotiable instruments play a vital role in the economic development of every
country with its significant features. One of the main features includes that
Negotiable instruments are freely transferable and while transferring it is also not
required to give a notice to the previous holder. Negotiable instrument is always in
writing so there is no fear of the drawee backing off the instrument. Whereas
stamping of bills of exchange and promissory notes are mandatory.
The peace and harmony which we see today in regards to the wholesome
trade which goes on a very big scale and which is rising every single day is
because of the existing negotiable instruments which are accepted internationally
by every individual. The complaints regarding negotiable instruments should be
filed as early as possible in there nearby allocated court. So it helps the
complainant to get its judgment at the earliest. The grievances regarding the
negotiable instruments are taken at the top priority as it directly affects the
economy of the country. Each country is trying hard to do the necessary
amendments for making these negotiable instruments run more smoother and
efficiently so that the growing economy grows with more pace and peace.
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39. 12. Case studies
THE JVG SCANDAL
JVG's troubles started in June 1997, after the Securities and Exchange
Board of India (SEBI) asked JVG Finance to refund the Rs 45 crore it had
raised from a public issue in March 1997. A day after the issue had opened,
RBI issued a show-cause notice asking why JVG Finance should not be
barred from accepting deposits as the group companies had already
exceeded their deposit limits. By the time RBI conditionally cleared the issue
after assurances from Sharma, the 70-day stipulated period for listing the
shares had passed. Because of the time-lapse, SEBI intervened and
ordered the refund of the public's money according to the allotment rules.
Sharma refused to refund the money to the investors and appealed against
the order to the Finance ministry.
He admitted that JVG had exceeded its limits while accepting deposits
but claimed that since December 1996 (much before the RBI ban) it had
stopped accepting deposits on its own and had even given RBI an
undertaking. RBI did not accept the argument and barred the group from
accepting any more public deposits. In September 1997, post-dated
cheques issued for principal as well as interest on JVG's deposits bounced.
Investors then complained to the civil courts, consumer courts, Company
Law Board and criminal courts under the Negotiable Instruments Act upon
which legal proceedings were initiated against the group. The government
received a large number of complaints on non-repayment of deposits on
maturity by the JVG group.
Page 39

40. On a complaint filed by the RBI, the Delhi High Court ordered the winding up
of the company. The court also appointed an official liquidator and said that
the RBI did not consider the revival scheme filed by the company viable. The
RBI also filed criminal prosecution petitions in the Metropolitan Magistrates'
Courts in New Delhi.
RBI alleged that the company had accepted deposits worth Rs 88.82 crore
which was 756.68% of its net owned fund. This was much higher than the
permissible limit of 25% [1]. Similarly, JVG Leasing had received deposits
worth Rs 19.28 crore which was 147.58% of its net owned fund. The RBI
complaint also said that the deposit forms issued by the JVG Group did not
contain any information regarding premature withdrawals, which was
necessary as per RBI provisions. The companies had not provided any
information about the rate of interest to the investors on the receipts issued
to them. Further, the companies failed to submit their audited balance
sheets for the period ending March 31, 1994 and 1995 15 days after their
annual general meeting (AGM) and did not inform the RBI about the
changes in the composition of the board of directors.
RBI's petition also stated that the company had not maintained liquid assets
as required by section 45IB of the RBI Act, 1934. RBI further contended that
JVG Securities accepted public deposits through JVG Leasing Ltd. and had
illegally credited it to the account of JVG Finance Ltd. Thus, JVG Securities
facilitated collection of further deposits by JVG Finance Ltd., a company
which had already accepted public deposits beyond the permissible limit in
spite of the warning from RBI not to accept any further deposits.
Advocate arrested in credit card fraud case
Lawyers, police on warpath
Tribune News Service
Page 40

41. Ludhiana, April 28
The local police and the lawyers are heading for a showdown over the issue of
arrest of an advocate by the Division No 8 police in an alleged credit card fraud
case.
A verbal spat took place between a group of local lawyers and city policemen at
the Division No 8 police station when the policemen were giving details about a
credit card fraud allegedly committed by a city-based advocate, a pickpocket and a
former employee of a private telephone company.
The police was claiming that it had arrested advocate Amarjit Singh of Fauji
Mohalla here on the basis of evidence along with Vikas, former employee of a
telephone company, for doing shopping worth over Rs 4 lakh from a stolen credit
card of an NRI. The third accused was Sonu, an alleged pickpocket, who had
stolen the credit card. He was missing.
The credit card was stolen six months ago in November 2004 from GRD Academy
here where the Miss World Punjaban contest was being held. The alleged victim,
NRI Jaswinder Singh, was watching the show when his pocket was picked.
However, a group of lawyers led by a former president of the District Bar
Association, Mr. Harish Rai Dhanda, openly charged the police with falsely
implicating the accused advocate. They also alleged that some policemen had
demanded money from the advocate but when he refused to pay, he was booked
in a false case. The police have denied the allegations.
DSP Simratpal Singh Dhindsa stated at a press conference that the accused had
indulged in shopping using the stolen credit card from showrooms of Adidas, Nike,
Weekender, Tanishq, Titan and Sant Ram Mangat Ram.
The police narrowed down on the accused after the complainant learnt that the
credit card was being misused.
However, Mr. Dhanda alleged that the lawyer was innocent and had been falsely
implicated in the case. He said the lawyer was tortured in police custody. A group
of lawyers later filed a complaint before a local Judge against police torture and
harassment.
Meanwhile, taking a tough stand against the arrest and the alleged custodial
torture of the advocate, the District Bar Association (DBA) has demanded
immediate suspension of the guilty policemen.
Mr. Rana Harjasdeep Singh, Secretary, DBA, said in a statement that they had got
the medical examination of the accused advocate conducted from the Civil
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42. Hospital. A delegation of the DBA would meet the SSP tomorrow and demand
action against the SHO and other policemen of the Division No 8 police station.
Former DBA president K.R. Sikri condemned the incident and termed it as breach
of trust and of an understanding reached between the lawyers and a former DGP,
Dr A A Siddiqui, last year that the police would take the DBA into confidence
before arresting an advocate in any case, except a rape or a murder case.
13.FRAUD
Within this specification by a negotiable instrument is meant a
cheque, a credit card, a debit card, a bond, a share certificate, an account
card, a traveler’s cheque, an electronic transfer, and any other instrument
that has inherent value to the owner thereof and in relation to which the
owner can suffer a financial loss as a result of unauthorized and/or
fraudulent dealing therewith by third parties.
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43. Fraud in relation to the use of negotiable instruments is an international
problem. Many different forms of fraud that can result in the owner of a
negotiable instrument suffering a financial loss are known, with the
common element generally being that the negotiable instrument is presented
for serving as a payment for goods purchased, for converting its value into
cash, or for depositing its value into a third party account, without
authorization of the original owner or in a form in which it has been
fraudulently tampered with to the detriment of the original owner.
Although the invention as defined and described hereafter is directed
mainly at inhibiting fraud in relation to the use of cheques and credit
cards, it must be understood that the invention applies also to inhibiting
of fraud in relation to the use of any other negotiable instrument and the
features of the invention must be interpreted as such.
For the sake of convenience and clarity, the original owner of a negotiable
instrument as herein envisaged shall merely be referred to as the owner of
the negotiable instrument who, in relation to certain negotiable
instruments such as cheques, promissory notes, and the like, will be the
person issuing such instruments, and in relation to other negotiable
instruments such as credit cards, will be the person who legally presents
such instruments in order to serve their intended purpose. The owner is
thus generally the person, whether a natural or a juristic person, who can
suffer a loss as a result of the unauthorized or fraudulent use of the
negotiable instrument of which he is the owner.
The person or body to whom a negotiable instrument is presented shall
hereinafter be referred to as the presentee who, for example, in relation
to cheques, and the like, generally will be a bank and particularly an
employee of a bank, and in relation to credit cards, generally will be a
vendor who accepts the use of a credit card as payment for goods
purchased or for services rendered. The presentee also is the party who, in
accordance with the present invention, is generally responsible for
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44. ensuring that the owner of the negotiable instrument is not prejudiced.
The person presenting a negotiable instrument to the presentee shall
hereinafter merely be referred to as the presentor and, in practice, this
may be a legitimate person to whom the instrument has been issued or who
owns the instrument, or an illegitimate person who may be attempting a
fraudulent act and/or who is not authorized to present the instrument.
It will be appreciated that the various negotiable instruments as herein
envisaged can be associated with various different `types` of presenters
and presentees. Presentees need not necessarily be banks or vendors, but
may be any third party who generally deals with and/or who is responsible
for dealing with, such instruments.
The application of the system for inhibiting fraud in relation to the use
of negotiable instruments is associated with a suitably programmed central
communication and processing unit that can be communicated with via a
direct telephone line, via the internet, or the like. This unit shall
herein be referred to as a central communication and processing unit and
any reference to this unit must be interpreted as a reference to a
suitably programmed unit that includes means for communicating with the
unit, as well as data processing means and data storage means that permit
processing of stored data and of data communicated to it, for enabling the
system of the invention as defined hereafter.
BRIEF SUMMARY OF THE INVENTION
According to the invention there is provided a system for inhibiting fraud
in relation to the use of negotiable instruments, which includes the steps
of:
the owners of negotiable instruments communicating with a central
communication and processing unit in order to register with the unit by
providing information, including at least identification numbers, linked
Page 44

45. directly with the respective owners and information linked directly with
the negotiable instruments in respect of which fraud is to be inhibited,
each owner then being provided with an individual secret code by the unit;
and the presentees of negotiable instruments communicating with the
central communication and processing unit in order to register with the unit
by providing information, including at least identification numbers, linked
directly with the respective presentees, each presentee then being
provided with an individual secret code by the unit, and which includes,
in relation to each negotiable instrument to be issued or used by a
registered owner, the steps of:
the registered owner communicating with the central communication and
processing unit in order to authorize the negotiable instrument, by
identification via the identification number and the individual secret
code linked with the owner and by providing sufficient details in respect
of the negotiable instrument for subsequently permitting the instrument to
be verified, the unit then issuing an authorization code to be linked with
the instrument; and upon presentation of the authorized negotiable
instrument by a presentor to a presentee, the presentee communicating with
the central communication and processing unit in order to verify the
negotiable instrument, by identification via the individual secret code linked
with the presentee and providing the authorization code linked with the
instrument, the unit in response communicating to the presentee the details
for verifying the instrument provided by the owner of the instrument and
thereby permitting the presentee to verify the instrument as the instrument
authorized by the owner.
The system of the invention particularly may provide for the central
communication and processing unit to permit communication via a direct
telephone line and, as such, includes an audio text electronic processing
system that permits verbal information to be converted into binary code,
and a processing and memory system linked to the audio text electronic
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46. processing system for processing information received by the audio text
electronic processing system and thereby carrying out the functions of the
unit. Alternatively, or in addition, the central communication and
processing unit may permit communication via the internet and, as such,
may include a processing and memory system for receiving and processing
information received via the internet and thereby carrying out the functions
of the unit.
Presentees registering with the unit also will provide the unit with any
other information, including at least their names, that will subsequently
permit the unit to identify a particular presentee that dealt with the
verification of a particular negotiable instrument.
Owners registering with the unit, insofar as the owners are natural
persons, may provide at least their names and their official identity
numbers. Insofar as owners are juristic persons such as registered
businesses, upon registering with the unit they will provide at least their
names and their official registration numbers.
The system of the invention may provide for owners registering with the
unit, insofar as they wish to use the system for inhibiting fraud in
respect of negotiable instruments such as cheques rendered payable via
their bank accounts, to provide the unit with the name of each relevant
bank, the branch code associated with the said relevant bank and the
relevant bank account number.
Insofar as owners registering with the unit wish to use the system for
inhibiting fraud in respect of negotiable instruments such as credit cards
issued to them by banks and linked to accounts, the system will provide
for such owners to provide the unit with the name of each relevant bank
and the card type, the number of each relevant card and the name of the
card owner that appears on the card.
Further according to the invention, the system may provide for the
registered owner of a cheque being issued by the owner, when authorizing
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47. the cheque, to provide to the unit bank account details of the payee and
an identification number linked with the payee, the cheque number, the
amount indicated on the cheque and the name of the payee and, when
issued by the unit with an authorization code, to apply the code to the
cheque. In relation to an authorized cheque, the system may provide for the
presentee, upon being presented with an authorized cheque and in order to
verify the cheque, following the identification of the presentee to the unit and
the provision of the authorization code applied to the cheque,
for the unit to communicate to the presentee account details of a payee,
the identification number linked with a payee, a cheque number, an amount
and a payee name and if this information matches the information applied to
the cheque presented, to verify the cheque. Still further, following verification
of the cheque, the system may provide for the unit to provide the presentee
with a transaction code which must be applied by the presentee to the
cheque, the transaction code permitting details of verification as stored by
the unit to be retrieved from the unit.
The system of the invention may provide still further for the registered
owner of a credit card issued by a bank, upon authorizing a telephonic or
an online credit card transaction, for the owner to provide the unit with
the name of the bank that issued the card and the type of card, the card
number and the name of the card owner that appears on the card, and when
issued with an authorization code by the unit, to supply the code to the
vendor with whom the transaction is taking place to permit the vendor as
presentee to verify the credit card by communicating with the unit.
Still further according to the invention, the system may provide, when a
registered owner of a credit card issued by a bank presents as presentor
the card to a vendor as presentee, in order to perform a direct credit
card transaction, for the authorization and verification of the card to be
simultaneously performed by the presentee providing the unit with the
credit card number and the presentor providing the unit with the
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48. individual secret code of the owner, in response to which the unit
provides the presentee a name of a bank that issued a card, a card number
and a name of a card owner and if this information matches the information
on the card as presented to the presentee, the card is both authorized and
verified thereby.
The invention extends also to a central communication and processing unit
which is controlled by a software program for enabling a system for
inhibiting fraud in relation to the use of negotiable instruments in
accordance with the invention. Still further, the invention extends to a
software program for controlling the operation of a central communication
and processing unit for enabling a system for inhibiting fraud in relation to
the use of negotiable instruments in accordance with the invention.
It must be appreciated that the system of the invention as above defined
may be applied specifically also to the authorization and verification of
negotiable instruments not particularly in the form of cheques or credit
cards, by applying the same principles to those applied when authorizing
and verifying cheques or credit cards, and the system of the invention as
defined must be interpreted as such.
Inspite of all the inventions made to stop fraudulent practices, the
fraud keeps taking place . Every day we read in the news paper how a
credit card is stolen and easily used for making purchases by the thief
without the knowledge of the real owner. Then when making payments
online by credit card so many times the credit card number gets
hacked and then used by the hacker for making online purchases .By
the time the owner realizes the thief gets away by making big
purchases.
New laws and ways are being adopted for stopping fraudulent
practices but the best and the only way it can be kept under control is
by the owner of these negotiable instruments himself. He should be
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49. careful and take all necessary precautions while using these
negotiable instruments .When making online payments one should
make sure later by calling his bank customer care and confirming that
only the transaction made by him is showing .In the event of
misuse/theft, one should immediately report to the concerned
authorities for stopping payment from that account
PRECAUTIONS TO BE TAKEN TO AVOID FRAUD
1. Keep an eye on your credit card every time you use it, and make sure you get it
back as quickly as possible. Try not to let your credit card out of your sight
whenever possible.
2. Be very careful to whom you give your credit card. Don't give out your account
number over the phone unless you initiate the call and you know the company is
reputable. Never give your credit card info out when you receive a phone call. (For
example, if you're told there has been a 'computer problem' and the caller needs
you to verify information.) Legitimate companies don't call you to ask for a credit
card number over the phone.
3. Never respond to emails that request you provide your credit card info via email
-- and don't ever respond to emails that ask you to go to a website to verify
personal (and credit card) information. These are called 'phishing' scams.
4. Never provide your credit card information on a website that is not a secure site.
5. Sign your credit cards as soon as you receive them.
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50. 6. Shred all credit card applications you receive.
7. Don't write your PIN number on your credit card -- or have it anywhere near your
credit card (in the event that your wallet gets stolen).
8. Never leave your credit cards or receipts lying around.
9. Shield your credit card number so that others around you can't copy it or capture
it on a cell phone or other camera.
10. Keep a list in a secure place with all of your account numbers and expiration
dates, as well as the phone number and address of each bank that has issued you
a credit card. Keep this list updated each time you get a new credit card.
11. Only carry around credit cards that you absolutely need. Don't carry around
extra credit cards that you rarely use.
12. Open credit card bills promptly and make sure there are no bogus charges.
Treat your credit card bill like your checking account -- reconcile it monthly. Save
your receipts so you can compare them with your monthly bills.
13. If you find any charges that you don't have a receipt for -- or that you don't
recognize -- report these charges promptly (and in writing) to the credit card issuer.
14. Always void and destroy incorrect receipts.
15. Shred anything with your credit card number written on it.
16. Never sign a blank credit card receipt. Carefully draw a line through blank
portions of the receipt where additional charges could be fraudulently added.
17. Carbon paper is rarely used these days, but if there is a carbon that is used in
a credit card transaction, destroy it immediately.
18. Never write your credit card account number in a public place (such as on a
postcard or so that it shows through the envelope payment window).
19. Ideally, it's a good idea to carry your credit cards separately from your wallet --
perhaps in a zippered compartment or a small pouch.
20. Never lend a credit card to anyone else.
21. If you move, notify your credit card issuers in advance of your change of
address.
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51. 14.PRESENT SCENARIO OF NEGOTIABLE
INSTRUMENTS
Legal issues relating to electronic transaction processing at banks are very
many and the need to address them by amending some of the existing Acts
and by promoting legislation in a few hitherto unexpected areas has assumed
critical urgency. Necessary legislative support is essential to protect the
interests as much of the customers as of the banks / branches in several areas
relating to electronic banking and payment systems. This is specially required
to establish the credibility of ECS and EFT schemes based on the electronic
message transfer. Since the Reserve Bank is embarking on large electronic
schemes such as the nationwide RTGS, it is time that efforts are made to bring
about necessary legislative framework that synchronizes and synthesizes with
the initiatives taken by the Government of India, Department of Electronics for
promotion of the Information Technology Bill, 1999 and / or the Electronic
Commerce Bill, 1999.
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52. Need for Regulation / Legislation on Netting
There is a growing debate on the legality of netting in inter-bank funds transfer
transactions. This is more so in the case of large value transactions. The position
gets all the more complicated in the case of cross border netting arrangements. In
fact, the issue gained critical significance while examining the proposal for setting
up of a foreign exchange clearing and settlement system in India. The basic issue
in netting systems is that of the settlement risk and the systemic risks borne by the
participants if one or some of the participants fail to meet the clearing liability. In
case of funds transfers settled on a gross basis, the parties involved are only two
and principal risk if any, is only for the specific transaction. But in multilateral
netting systems where claims and obligations accumulate over a period of time
(called the clearing cycle), incoming and outgoing payments are set off against
each other. In case of failure of a party in meeting the clearing liability, the
methodology of identifying the counter-parties / counterparts and determining the
exposure level becomes difficult. Although netting system is in vogue in India for all
inter-bank clearings by way of procedural details embodied in the Uniform Rules
and Regulations for Clearing Houses, it is necessary that the provisions are made
statutory. There is a need to amend Section 58 of the Reserve Bank of India Act,
1934 with a view to enabling RBI to frame specific regulations
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53. 15. SUMMARY
The project on negotiable instruments starts with the evolution of trade and
commerce which in turn leads to the discovery of negotiable instruments. We as a
group working on this topic had curiosity on the need of negotiable instruments in
the market. Our research gave us an idea and an overview of the evolution of
trade and commerce as a whole which kept on developing and growing bigger. We
came across the different stages through which trade and commerce went:
1. PASTORAL STAGE where business was limited and survival by breeding
of animals was the main motto. The first stage had to do nothing with
money, people lived a nomadic life.
2. However man learned quickly to grow food for their own need which can be
termed as the AGRICULTURAL STAGE. The demand increased for other
commodities as well and thus BARTER SYSTEM was introduced. This can
be termed as the turning point of trade and commerce.
3. After this man never looked back. They started producing specialized
products which led to the introduction of HANDICRAFT STAGE.
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54. 4. Then came the era in which people started to think about development and
thus formed groups to protect their rights, this was known as the GUILD
STAGE.
5. Then came the stage where technology was introduced and business forms
became complex, this is where the necessity of introducing negotiable
instruments were felt.
This was known as the FACTORY STAGE
However it was noted that the growth was very slow and the system was very
complex. There were different instruments used to purchase different
commodities in different stages. The system of exchange was such that it led to
confusion and various complexities. To avoid such confusion and to operate the
business activities smoothly negotiable instruments were introduced.
Now as we have come across the term negotiable instruments and why it was
evolved, lets now have a brief knowledge about negotiable instrument.
Negotiable instruments are particular type of documents used for making
payment in business transactions, the ownership of which can be freely transferred
from one person to another.
Types of Negotiable Instruments
- Promissory note
- Bill of exchange
- Cheque
- Hundi
1. Promissory note - 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.
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55. 2. Bill of exchange - 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.
3. Cheque - It is an order by the account holder of the bank directing his banker to
pay on demand the specified amount, to or to the order of the person named
therein or to the
bearer.
4. Hundi - It is form of a bill of exchange drawn in any local language in
accordance with the custom of the place.
Features of negotiable instruments are-
1. Free transferability
2. Absolute & good title
3. Always in written form
4. Unconditional order or promise for payment
5. Certainty of payment
6. Payee
7. Signature of the maker
8. Delivery of the instrument
9. Stamping of BOE & Promissory notes mandatory
Negotiation of Commercial paper
1. Assignment
2. Negotiation
3. Endorsements
Exceptions
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56. 1. Letters of Credit – Article5
2. Bills of Lading and other documents of title –Article7
3. Securities –Article8
4. Deeds & other documents conveying interests in real estate –Article3
5. IOUs
BIBLOGRAPHY
1. damodaran.com
2. knowlegeworld.com
3. indialaw.com
4. casestudy.com
5. google.com
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