Modes of discharge of negotiable instrument the law study. Negotiable instruments for a negotiable instrument to cease to exist, it must either be dishonoured or discharged. A negotiable instrument can be transferred from one person to another by a simple process. An act to define and amend the law relating to promissory notes, bills of exchange and cheques.
The term discharge in relation to negotiable instruments is used in two senses. Section 8 of the negotiable instrument act, 1881 was introduced in chapter xvii of the act which was inserted by section 4 of the banking, public financial institutions and the negotiable instruments laws amendment act, 1988. Discharge of negotiable instruments discharge of a negotiable instruments. An instrument is discharged when all the rights under it are extinguished so that the instrument ceases to be negotiable. Mar 15, 2015 dishonour means failure to honour a negotiable instrument. Section 8 of negotiable instruments act, 1881 criminal. The negotiable instruments act, 1881 indian kanoon. Negotiable instruments amendment bill, 2017 a aims to amend the negotiable instruments act, 1881, asking the drawer of a cheque that has been dishonoured to pay interim compensation to the complainant.
In the case of bearer instruments, simple delivery to the transferee is sufficient. This may be by nonacceptance, when a bill of exchange is presented for acceptance and this is refused or cannot be obtained or by nonpayment, when the bill is presented for. Sections 8 to 142 of the negotiable instruments act. Dec 10, 2014 dishonour and discharge of negotiable instrument a negotiable instrument may be dishonoured by i nonacceptance ii nonpayment. Presentment, discharge and dishonour of negotiable. These provisions do not cover the dishonour of other negotiable instruments. The provision under section 9 of the ni act is that it shall be presumed that the holder of a cheque. A promissory note, bill of exchange, or cheque is said to be dishonoured by nonpayment when the maker of the note, acceptor of the bill, or drawee of the cheque commit default in payment upon being duly required to pay the same. Cheque bounce dishonour us 8 of negotiable instruments.
Goel, jj, it was held that the dishonour of cheque for discharge of existing. According to section 8 of the act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to. When an instrument is presented for payment and the maker, acceptor or drawee fails in making the payment it is said that the instrument has been dishonoured. Discharge of a negotiable instruments when the liability of the party, primarily and ultimately liable on the instrument, comes to an end, the instrument is said to be discharged. Oct 28, 2019 modes of discharge of liability in negotiable instrument in case the holder of negotiable instrument fails to issue notice of dishonor to all the previous parties. Prior to this legislation, the provision of the english negotiable instrument act was in force in india. Sep 19, 2018 discharge and dishonor of negotiable instruments are covered under chapter vii and viii of negotiable instruments act.
Aug 20, 2019 when a negotiable instrument is dishonoured, the holder must give a of the dishonour by the holder would discharge all parties other than. Section 8 negotiable instruments act as it is at present after coming into force of the negotiable instruments amendment and miscellaneous provisions act, 2002. Jun 19, 2018 section 8 of negotiable instruments act, 1881. May 16, 2015 when a negotiable instrument is refused acceptance or wishes to make liable. Modes of discharge of liability in negotiable instrument under following modes the maker, acceptor and endorser of a negotiable instrument is discharged from liability. A party to a negotiable instrument is discharged in the following ways. Cases of cheque bounce are not uncommon, in most of the transactions be it repayment of loan or payment of fees for business purpose, payments are made by cheque. Dishonour means failure to honour a negotiable instrument. Negotiable instruments according to section of negotiable instruments act, a negotiable instrument means a promissory note, cheque payable either to bearer or order or bill of exchange. Dishonour of cheque section 8 of negotiable instruments. That the purport of the special law under the negotiable instruments act is to ensure that the promise to pay is abided by the person so promising.
These instruments pass freely from hand to hand and thus form an integral form part this modern businesses instruments. A cheque is said to be dishonoured when the payment is not made on its presentment to the bank. May 20, 2019 the court observed that in indus airways p ltd. The approach adopted by the best advocates for cheque bounce dishonor cases. Discharge of negotiable instruments l08 explain how the liability of a party to pay an instrument is normally discharged. Mar 06, 2019 discharge of negotiable instruments discharge of a negotiable instruments. A promissory note, bill of exchange or cheque is said to be dishonoured by non payment when it is duly presented to the maker, acceptor or. It has been repeatedly held by courts that manifest dishonest intention of the drawer resulting in dishonour of the cheque would lead to prosecution under section 8 negotiable instruments act regardless of the actual ground of dishonour. May 29, 2015 dishonour of negotiable instruments a negotiable instrument may be dishonoured by. When the liability of the party, primarily and ultimately liable on the instrument, comes to an end, the instrument is said to be discharged. Meaning, types and legal aspects by meherpuja mathur meaning of negotiable instruments.
Cheque bounce dishonour us 8 of negotiable instruments act, 1881. The holder must, however, give notice of dishonour to all the parties against whom he intends to proceed. The drawer shall be deemed to have committed an offence and such offence will be punishable with imprisonment and with fine. Sep 23, 2016 9 videos play all the negotiable instruments act 1881 series by advocate sanyog vyas sanyog vyas law classes the negotiable instruments act 1881 part 1 by advocate sanyog vyas duration. Recollect that a negotiable instrument is a document that guarantees the payment of a sum of money, either on demand or at a set time, with the payer usually named on the document. By cancellation by release by payment by allowing drawee more than 48 hours to accept by taking qualified acceptance by not giving notice of dishonour by nonpresentment for acceptance of a bill by delay in presenting cheque by negotiation back of a bill. The discharge of the instrument results in extinguishment of all rights of action under it and the instrument ceases to be negotiable. Negotiable instruments act, 1881 on dishonour of security cheques. It also has to be noted that in our country, the law relating to negotiable instruments, is governed by the negotiable instruments act 1881. Before 1988, no liability was incurred in case of dishonour of cheque, but the insertion of section 8 in the negotiable instruments act, 1881 hereinafter referred to as the act imposed collective liability of a criminal as well a civil nature, by way of shortterm imprisonment and. The negotiable instruments act 1881 cheque dishonour.
Discharge and dishonor of negotiable instruments are covered under chapter vii and viii of negotiable instruments act. This may be by nonacceptance, when a bill of exchange is presented for acceptance and this is refused or cannot be obtained or by nonpayment, when the bill is presented for payment and payment is refused or cannot be obtained. Whereas it is expedient to define and amend the law relating to promissory notes, bills of exchange and cheques. A negotiable instrument is a signed document which promises the payment of specific amount to the bearer or entity on a specified date or on demand. Notice of dishonour dose not mean mere knowledge, there must be a formal communication of the fact of dishonour. In the matter where the question as to whether the dishonour of a postdated cheque given for repayment of loan installment which is also described as security in the loan agreement is covered by section 8 of the negotiable instruments act, 1881, was before the bench of dipak misra and a.
The bench of justice rajani dubey took this view in light of the. The most distinct feature is that the document is transferable i. If a cheque is dishonoured due to the insufficiency of funds or mismatch of signatures or any other as may be, the aggrieved party suffers a lot. The negotiable instruments act came into existence to regulate and resolve disputes relating to the negotiable instruments in use. One or more parties to a negotiable instrument isare discharged from liability in the following ways. The object of sections 8142 of the negotiable instruments. Dishonour of cheque is a criminal offence in india and is punishable by law with imprisonment up to two years or with the monetary penalty or with both. Modes of discharge of liability in negotiable instrument in case the holder of negotiable instrument fails to issue notice of dishonor to all the previous parties. Jun 17, 2019 the honble high court of chhattisgarh in its recent judgement in the case of madan tiwari vs state of chhattisgarh, held that a cheque issued for discharge of later liability is clearly covered under the ambit of section 8 of the negotiable instruments act, 1881 the act. Section 8 ni act covers dishonour of cheque issued for discharge of later liability. A, in business law from nujs, kolkata discusses legal steps to take when a negotiable instrument is dishonoured. As soon as a negotiable instrument is dishonoured either by nonacceptance or by nonpayment the holder becomes entitled to sue the parties liable to pay thereon.
An act relating to the law of negotiable instruments. A promissory note, bill of exchange or cheque is said to be dishonoured by nonpayment when the maker, acceptor. Cheque is the most common mode of making the payment. Dishonour of cheque its consequences under negotiable instruments act as amended upto when a cheque is presented in the concerned bank by the drawee within the stipulated time, within the three months from the date of issue the drawee bank issue check return memo to the payee mentioning the reason for non payment. Dishonour and discharge of negotiable instruments pdf when a negotiable instrument is dishonoured, the holder must give a of the dishonour by the holder would discharge all parties other than. The negotiable instruments act, 1881 is applicable for the cases of dishonour of cheque. Examples of negotiable instruments are a cheque, a promissory note, a bill of exchange. Section 8 ni act covers dishonour of cheque issued for. A negotiable instrument is any transferable document which satisfies certain conditions.
The word negotiable means transferable by delivery and the word instrument means a written document by which a right is created in favour of some person. Oct 11, 2018 dishonour of negotiable instruments introduction. The honble high court of chhattisgarh in its recent judgement in the case of madan tiwari vs state of chhattisgarh 1, held that a cheque issued for discharge of later liability is clearly covered under the ambit of section 8 of the negotiable instruments act, 1881 the act. The discharge of the instrument results in extinguishment of all rights of action under it and the instrument ceases to be. Of discharge from liability on notes, bills and cheques include. Failure to give notice of the dishonour by the holder would discharge all parties other than the maker or the acceptor sec. In order to duly protect the interest of its payee, holder in due course, there is an attempt to discourage dishonour of a cheque by making it an offence. Section 8 negotiable instruments act 1881 section 8 negotiable instruments act as it is at present after coming into force of the negotiable instruments amendment and miscellaneous provisions act, 2002. Provisions of section 8 of the negotiable instruments act. The holder of a negotiable instrument, who has acquired it after dishonour. The presumption under section 9 of the negotiable instruments act is a presumption of law, as distinguished from. Short notes on discharge in relation to negotiable instruments.
Dishonour of cheque issued for discharge of later liability. Negotiable instruments dishonour and discharge group v. Such a person has a liability or duty to discharge himself of the liability by making the payment as stipulated by the instrument. Dishonour of negotiable instrument means loss of honour or respect for the instrument in question on the part of the maker, drawee, or acceptor, as the case may be, which eventually results in nonrealization of payment due on the instrument. You may open the negotiable instrument act, 1881 for handy reference. Dishonour of a negotiable instrument legal steps to take. A general authority to transact business and to receive and discharge debts does.
Discharge and dishonor of negotiable instruments negotiable. A cheque contains a mandate of the drawer to pay some specific amount of money. Dishonour of postdated cheque for discharge of existing. According to section 8 of the act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both. Dishonour of a negotiable instrument means the loss of honour for the instrument on the part of the maker, drawee or acceptor, which renders the instrument. Dishonour of negotiable instrument definition types. Dishonour of cheque its consequences under negotiable. Documents of a certain type which are used in commercial transactions and monetary dealings, are known negotiable instruments.
This article holistically informs about cheque bounce dishonour us 8 while highlighting. Patel banking law and negotiable instruments act buy here 3. In case the holder of negotiable instrument fails to issue notice of dishonor to all the previous parties, they stand discharged. The negotiable instruments act, 1881 was amended by the banking, public financial institutions and negotiable instruments laws amendment act, 1988 wherein a new chapter xvii was incorporated for penalties in case of dishonour of cheques due to insufficiency of funds in the account of the drawer of the cheque. Dishonour of negotiable instruments dishonour of negotiable instrument means loss of honour or respect for the instrument in question on the part of the maker, drawee, or acceptor, as the case may be, which eventually results in nonrealization of payment due on the instrument.
May 07, 2019 negotiable instruments hindi parkramya likhat by avtar singh buy here introduction to law of negotiable instruments buy here negotiable instruments buy here 2. The negotiable instruments act, 1881herein after referred to as the act has dealt with the dishonour of instruments under chapter 8 of the act from sections 91 to 98. Of discharge from liability on notes, bills and cheques include section 82 section 90 and chapter viii. Payment in due course completely discharges the obligations of the party liable to pay, even though if subsequently it transpires that payment has been made to a wrong person. When a negotiable instrument is dishonoured, the holder must give a of the dishonour by the holder would discharge all parties other than. Non acceptance according to sec 91 a bill of exchange is said to be dishonoured by non acceptance in following cases when drawee or one of several drawees not being partners does not accept the bill within 48 hrs from the.
To discourage this act, dishonour of cheque has been made a criminal offence under negotiable instruments amendment act, 1988. But a bill may also be dishonoured by nonacceptance because bill of exchange is the only negotiable instrument which requires its presentment for acceptance and nonacceptance thereof, can amount to dishonour. That the purport of the special law under the negotiable instruments act is to ensure that the promise to pay is abided by the person so. Discharging of a negotiable instrument means that all the rights of action under it are completely extinguished and it ceases to be negotiated anymore. When a negotiable instrument is refused acceptance or wishes to make liable.
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