The Negotiable Instruments Act, 1881 for CA Foundation

The Negotiable Instruments Act, 1881: promissory notes, bills of exchange and cheques; holders; negotiation and endorsement; crossing; and dishonour of cheques.

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Practise The Negotiable Instruments Act, 1881 free

What you'll learn

  1. Instruments, parties and holders
    Tell the three instruments apart and define holder and holder in due course.
  2. Negotiation, crossing and dishonour
    Apply endorsement, crossing and Section 138 rules.

Key formulas

Bearer instrumentNegotiated by delivery (s.47)
Order instrumentEndorsement + delivery (s.48)
Section 138 timelineNotice within 30 days → drawer pays within 15 days → complaint within 1 month
Section 138 punishmentUp to 2 years, or fine up to 2× the amount, or both

Concepts explained

Promissory note, bill of exchange and cheque

A promissory note is a written promise to pay; a bill of exchange is a written order to pay; a cheque is a bill drawn on a banker payable on demand.

What it means

  • Promissory note (s.4): unconditional promise, signed by the maker, certain sum, to a certain person; can't be payable to bearer on demand (RBI Act s.31).
  • Bill of exchange (s.5): unconditional order by the drawer to the drawee to pay the payee; time bills need acceptance.
  • Cheque (s.6): drawn on a specified banker, payable on demand; includes electronic cheques and truncated cheques.
  • All are freely transferable and the transferee in due course gets a good title.
Example 1: Which instrument?
  • 'I promise to pay Ravi ₹10,000' signed by Meena

Answer: Promissory note (Meena maker, Ravi payee)

Example 2: Not an instrument
  • 'I promise to pay Ravi ₹10,000 when I marry'

Answer: Not valid: conditional on an uncertain event

Related terms

  • Hundi: indigenous Indian bill of exchange
  • Inland vs foreign instrument: drawn and payable in India, or not

Exam tip: Promise → note; order → bill; order to a bank on demand → cheque.

Holder, holder in due course and negotiation

A holder is entitled to possess and receive payment; a holder in due course also gave value, took it before maturity and in good faith, and gets a better title than the transferor.

What it means

  • Bearer instruments are negotiated by delivery (s.47); order instruments by endorsement and delivery (s.48).
  • Endorsements: blank, special (full), restrictive, sans recourse, conditional.
  • A holder in due course is protected against defects in earlier parties' title (except forgery).
  • Days of grace: 3 days for bills payable otherwise than on demand (s.22).
Example 1: Gift
  • B gifts a bill to C

Answer: C is a holder but not a holder in due course

Example 2: Blank endorsement
  • Payee signs only his name on the back

Answer: Becomes payable to bearer

Related terms

  • Sans recourse: endorser excludes his own liability
  • Forged endorsement: no title passes through it

Exam tip: Holder in due course needs all three: value, before maturity, good faith.

Crossing and Section 138

Crossing controls how a cheque is paid; Section 138 makes the bouncing of a cheque for insufficient funds a criminal offence, subject to strict time limits.

What it means

  • General crossing: two parallel lines; special: a bank's name; account payee: credit only to payee's account; 'not negotiable': no better title than transferor.
  • Section 138 conditions: cheque presented within validity, returned unpaid for insufficient funds, notice within 30 days of information, drawer fails to pay within 15 days.
  • Complaint within one month of the cause of action.
  • Punishment: up to 2 years, or fine up to twice the amount, or both.
Example 1: Notice date
  • Payee learns of dishonour on 3 June

Answer: Notice by 3 July

Example 2: Special crossing
  • 'State Bank of India' written between the lines

Answer: Paid only through SBI

Related terms

  • Section 143A: interim compensation up to 20% of the amount
  • Noting and protest: a notary records dishonour of a bill

Exam tip: Remember 30-15-30 for the Section 138 timeline.

Memory tricks

Section 138 timeline30-15-30: thirty days to send notice, fifteen days for the drawer to pay, then a month to file the complaint.

Notice within 30 days; payment within 15 days; complaint within 1 month.

Holder in due course'Paid, Punctual, Pure': paid value, before maturity, in good faith.

Consideration, before maturity, good faith without notice of defect (s.9).

PartiesPromise = 2 (maker, payee). Order = 3 (drawer, drawee, payee).

Promissory note has 2 parties; bill and cheque have 3.

Try 3 CA Foundation-style questions

Q1. Under Section 31 of the RBI Act, a promissory note payable to bearer on demand can be made only by

  1. the RBI or the Central Government
  2. any scheduled bank
  3. any company
  4. any individual
Show answer

Answer: (1) the RBI or the Central Government

Only the RBI (and the Central Government, for one-rupee notes and coins) can issue promissory notes payable to bearer on demand, which work like currency.

Q2. Under Section 138, a cheque is dishonoured for insufficient funds. The payee must send a written notice demanding payment within

  1. 15 days of the date of the cheque
  2. 3 months of dishonour
  3. 30 days of receiving information of dishonour
  4. 1 year of dishonour
Show answer

Answer: (3) 30 days of receiving information of dishonour

The payee must give notice within 30 days of learning of the dishonour; the drawer then has 15 days to pay; the complaint is filed within one month after that period ends.

Q3. A bearer cheque is negotiated by

  1. endorsement and delivery
  2. registration with the bank
  3. mere delivery
  4. a court order
Show answer

Answer: (3) mere delivery

Section 47: an instrument payable to bearer is negotiated by delivery alone. An order instrument needs endorsement and delivery (s.48).

Practise all 11 questions Free · explanations for every option · see where you go wrong

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