NEGOTIABLE INSTRUMENTS ACT

NEGOTIABLE INSTRUMENTS ACT

1. What is the Section which contains the provisions relating to bouncing of cheques? Sec 138 to

147 of NI Act

2. What is the characteristic of a negotiable instrument? It must be transferable by delivery. & b) It

must enable the holder to sue in his own name

3. Who is the holder in the context of the negotiable instruments? Holder is the person who is

entitled to the possession of the instrument and to receive the amount of the instrument in his own

name

4. A cheque dated 3rd Jan 2005 bears the striking of the pre-printed year 19., can be passed? YES.

Striking need not be authenticated and cheque can be passed.

5. Whether protection is available to the paying banker in case of a cheque where drawer‘s signature

is forged? No.

6. When a post dated cheque purchased by a bank is returned unpaid on the ostensible due date,

what the banker can do? Can sue all the prior parties

7. How will you treat the bill which has been lost before it is overdue? The holder may ask the drawer

for another bill of same tenor against indemnity.

8. With whom, liability primarily rests with in respect of a cheque? Drawer only.

9. ― Endorsement in blank means: Endorsement by the drawer of the instrument signing by the

payee or holder of the instrument without adding any words to it.

10.An order instrument can be negotiated by: Endorsement and delivery.

11. Restrictive endorsement restricts: Negotiability of the instrument

12.A promissory note cannot be issued payable to The bearer on demand. As per Section 31 of

RBI Act: Only RBI can issue Bonds/Promissory Notes payable to Bearer on Demand [Tantamounts to

Currency]

13.A promissory note must contain what? An unconditional undertaking to pay

14.A Bank draft is a cheque. False.

15. Other than cheque, whether a bill of exchange can be drawn on Bank? YES.

16. When a bill of exchange payable on demand should be paid? On presentment

17. Mr. Kamath draws a bill on Mr. Suri payable three months after date. Mr. Kamath dies in a road

accident before the bill is accepted by Suri. Under such circumstances, Suri can accept the bill even if

he is aware of Kamath’s death.

18. When a bill is payable in 3 installments, whether a grace period of 3 days will be allowed on

every installment? True.

19. The term ―Accommodation Bill refers to Which a person signs as a drawer, acceptor or endorser

without receiving value therefore & for the purpose of lending his name to some other persons

20. When the bill is payable at a specified period after sight the period begins from the date of - The

presentment for acceptance.

21. Kite Flying ― is the term used to denote To drawing/accepting of bills just to accommodate the

other party without backing of any genuine trade transactions.

22. A bill of exchange drawn on a partnership firm may be accepted by Any partner.

 

 

23. A bill is drawn in Calcutta on a trader in Travancore but accepted payable in Singapore. The bill

shall be called as Inland Bill.

24. A bill is drawn in Calcutta on a merchant in Hyderabad and endorsed in Hongkong. Such a bill is

termed as Inland Bill.

25. A bill drawn in Bangkok on a party in Coimbatore and accepted payable in Delhi is Foreign Bill.

26. Which of the following presentment is improper? Presentment at a place other than the specified

one

27. Who should accept the bill if it is addressed to two or more drawees that are not partners All the

drawees

28. When the bill of exchange does not contain specific place of payment, the bill must be presented

to whom? At the residence (place) of maker/ drawee/ acceptor

29. If the bill is not presented to the drawee within the reasonable time, The drawee is discharged

from his liability

30. In the case of dishonour of a foreign bill protest is Compulsory when required under the laws of

the place where it is drawn

31. When an inland promissory note or bill is dishonoured noting - Is not compulsory

32. The meaning of noting is Record of dishonour of bill by Notary Public

33. When the bill contains the name of a drawee in case of need the bill will be considered as

dishonoured if it is dishonoured by the drawee in case of need or dishonoured by the drawee

34. When a cheque issued by a Limited Company is returned for want of funds, the liability for the

dishonour is with Only the Company and the authorised signatories of the cheque excluding Govt

nominated directors

35. Whether the term―protest refers to a formal certificate of dishonour of bill based upon ― noting

issued by notary public? YES

36. Promissory notes are to be witnessed-For the purpose of identification of the borrower at a later

date

37. Under Section 138 of NI Act, 1881, the drawer of a cheque is liable for prosecution if the cheque

is returned for any reason? FALSE (for Inadequate funds – see question below elsewhere)

38. Punishment under Section 138 of NI Act is applicable only to an individual. FALSE

39. Criminal action against the drawer under Section 138 of NI Act can be initiated by the payee only

when the cheque is returned for the reason - Inadequate funds

40. Punishment under Section 138 of NI Act is Imprisonment upto 2 year/or fine upto twice the

amount of cheque or both

41. Who can file a criminal case against the drawer of a dishonoured cheque The payee/the holder in

due course

42. The competent court for trying offences under Section 138 of NI Act is Metropolitan Magistrate or

I class judicial Magistrate

43. Section 138 of NI Act can be activated only when The cheque should have been presented within

6 months or validity period of cheque whichever is earlier/the payee/holder should give notice

demanding payment within 30 days of notice of information about dishonor of cheque due to

insufficiency of funds and the drawer has failed to make such payment within 15 days of receipt of

such notice/the cheque should have been issued in discharge of full or part of liability/debt.

 

44. Whether the limit for taking action under Section 138 of NI Act is 60 days from the date of

receipt of dishonour of the cheque by the drawer? NO

45. Whether the complaint for taking action under Section 138 of NI Act can be oral. NO

46. Whether drawee bank‘s liability for damages on account of wrongful dishonour of cheque arises

only if the payee suffers any loss ? NO

47. To a paying banker protection is not available for - Payment of order cheques with irregular

endorsement

48. Whether payment after business hours is payment in due course? NO

49. In a promissory note, the words ―or order ― are Necessary to insert

50. A bearer cheque contains two endorsements. The second endorsement is irregular. The cheque

in question can be Paid in spite of irregular endorsement (once a bearer, always a bearer)

51. Whether alteration from general crossing to special crossing is a material Alteration? NO

52. A travelers cheque is valid for a period of —months from the date of issue. No such period

53. A cheque payable to A or B or order should be endorsed by - No such cheque can be issued.

54. A bearer cheque specially crossed to ― P requires - Any endorsement on such cheques can be

ignored since it is a bearer cheque.

55. The validity period of endorsement on a cheque is - No such restriction.

56. Holder of a post dated cheque will have a valid course of action against drawer - Any time after

the date mentioned

57. Inadvertently a cheque has been paid on 29 November 2003 which is dated 29, November 2004.

Subsequently the drawer stops its payment on 15 December 2003. In such a case Bank is liable for

damages due to negligence on its part.

58. In the case of wrongful dishonour of cheque by the bank due to genuine mistake whether the

bank is liable to the customer YES, the banker is liable for damages

59. Under Section 26 of N.I. Act, if date of maturity of usance bill falls on a public holiday it is

deemed to be due - On the next working day

60. While collecting the cheques for customers, the collecting banker may be held liable for

conversion. Conversion means Interfering with the rights of the true owner

61. Whether action under section 138 of N I Act bars the normal civil remedy No

62. An unstamped pronote can be set right by Payment of required stamp duty with penalty as

required by law

63. A cheque is crossed ―not negotiable; then the effect is that: Transferee will not get a better title

than the transferor

64. A cheque bearing date 30 2 04 is presented for payment on 28.2.04. As per IBA guidelines: The

cheque can be honoured

65. What kind of payments are covered under Section 138 of N I Act Payment in discharge of whole

or part of a debt.

66. A bearer cheque was paid across the counter. Later, the signature of the drawer is found to be

forged, even though signature apparently tallied with the specimen. Bank loses protection and is

liable to the drawer

67. Post dated cheques are Valid instruments

68. In case of endorsed cheque, protection is available if Payment of the cheque has been made in

due course and it is ensured that endorsements on the cheque are regular.

69. Banker should not pay a post dated cheque because

a. It is not payment in due course hence bank loses protection under N I Act. Or

b. Drawer may stop the payment of the cheque or

c. Garnishee order may be served

70. A cheque is valid if it has maximum endorsements upto -There is no stipulation, on the number

of endorsements a cheque can have.

71. A bill dated 12 5 04, payable 3 months after date, is due for payment on: 16 8 2004

72. Protection under Section 89 will be available to a banker if - The cheque has been paid in due

course and the alteration was not apparently visible, at the time of making payment.

73. A bearer cheque has been paid to the holder disregarding the endorsements on it - It is a

payment in due course and Banker is protected under Section 85(2) of the Negotiable Instrument

Act, 1881

74. Protection to a paying banker has been given by law, for Bearer cheques (Section 85)/crossed

cheques (Section 128)/endorsed cheques (Section 85)

75. It is not necessary to write consideration while endorsing an instrument because it is Presumed

under N I Act

76. Whether every cheque is a bill of exchange? YES

77. A bill payable 30 days after sight is presented for sight on 1 3 04. It fell due on: 03 04 04

78. A Negotiable instrument is rendered void by any material alteration If it is not done to carryout

common intention of the party AND as against any party who does not consent the instrument

79. Following type of crossing is not recognized under the provisions of the Negotiable Instrument

Act “ Account Payee” crossing

80. Not Negotiable crossing is considered as General crossing

81. Who can do crossing of a cheque? Any holder or drawer of the cheque

82. Account Payee crossing on a cheque is indicative that - The paying banker should pay the cheque

to the payee only

83. Crossing on a cheque can be cancelled by Drawer

84. When a cheque already crossed ― not negotiable is negotiated the transferee - Cannot be a

holder in due course

85. Payment of following cheque is prohibited under Section 127 of the NI Act 1881 A cheque

crossed specially to more than one banker except where the other bank is collecting it for the first

bank

86. The marking of a cheque signifies Paying banker’s certificate that it is good for payment

87. When the bank marks a cheque it undertakes - To set aside funds for payment of marked cheque

88. Cheques should be collected for - The customers of the bank

89. In the event of conversion of a cheque, the right to sue can be exercised by - The drawer

90. Protection to a collecting bank is afforded by the Negotiable Instrument Act, in respect of

Conversion

91. Collecting banker is not protected for collection of - Uncrossed cheques

92. Ms. Smarty opened a SB Account at your branch and gave satisfactory introduction. One day she

tendered a cheque which had ―Account Payee crossing and was drawn favouring one ―Mr. Genuine

or bearer on another local bank. You collected the cheque and the amount was credited in her

account. The very next day she withdrew the money. Subsequently, the drawer demanded refund of

the amount of cheque stating that the cheque was stolen and has been collected by you for a person

who is not payee of the cheque The bank will get statutory protection as the cheque was collected in

a properly introduced account

93. For becoming a holder in due course of a bearer cheque, the bank must be - Its possessor

94. With a view to become holder in due course of an order cheque, the bank must be It’ s payee or

endorsee

95. When a collecting banker allows the customer to draw against its cheques under collection, the

position of the collecting banker will be - He will be holder for value of cheques

96. Who bears the loss when a cheque with forged signature of drawer is paid? Paying banker

97. The cheque with forged signature of drawer has been paid by the bank Statutory protection will

not be available to the banker/payment is treated as without authority of the customer/customer’s

account can not be debited. (Forged cheque is not a mandate at all)

98. When a cheque with forged signature is paid the burden of proving that the signature was

forged, lies on the Customer

99. If the forgery occurs due to careless handling of cheque book and carelessness on the part of the

customer still Bank is liable

100. Banker‘s cheques and payment order are classified as Not negotiable instruments

101. In the case of bearer cheque Identification of the presenter is not required

102. A cheque received in clearing has been paid. The cheque has drawer‘s signatures which are

forged but the forgery was done so cleverly that it was difficult to detect it in normal course. In this

situation how will the liability of the banker be determined? The bank is liable to the customer

103. When a banker dishonours a cheque wrongfully He is liable to the drawer

104. If drawer of the cheque becomes insane or insolvent - the cheque should Not be paid

105. Payment in due course refers to Payment in accordance with the apparent tenor to the

possessor of instrument in good faith and without negligence under the conditions of no Suspicion

106. As per requirement of crossing, a banker has paid a crossed cheque in due course. If title of the

holder turns out to be defective, whether paying banker is liable or protected? Banker is protected

under Section 128 of the Negotiable Instrument Act, 1881

107. A paying banker can avail protection in respect of cheques Crossed/Without any

alteration/Drawn payable to order and purported to have been endorsed

108. The Negotiable Instrument Act provides protection to the paying banker against Forged

endorsement. (But not forged drawer’s signature)

109. Section 131 of the NI Act, collecting banker gets protection in the case of Forgery of drawer’s

signature

110. Holder of a current account has authorised a person to operate the account. A cheque drawn by

this person is wrongly dishonoured by the bank. This person claims damages on his own behalf -

Only the account holder can initiate action against the banker

111. Before introduction of Section 138, in the Negotiable Instruments Act for dishonour of cheques

due to insufficiency of funds the drawer was Subject to civil liability only

112. Mr. Raman, in settlement of a debt, received a cheque for Rs.20,000 from Mr. Krishnan. The

cheque, on presentation, was dishonoured for insufficient funds. On contacting, Mr. Krishnan

requests Mr. Raman to present the cheque again for payment. However, in the meantime, Mr.

Krishnan stops the payment of the cheque and the cheque is returned unpaid with the remark ―

payment stopped by the drawer. Can criminal prosecution against Mr. Krishnan be initiated? YES

113. Demand draft belong to the category of Negotiable instruments

114. Protection to the banker is available for Both payment and collection of drafts