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Definition of a Cheque

Definition of a Cheque

A cheque is defined in section 6 of Negotiable Instruments acts 1881 which provides that,

“A cheque is a bill of exchange, drawn on a specified banker and expressed to be payable otherwise than on demand”.

The electronic image of a truncated cheque and a cheque in the electronic form (e-cheque) are also termed as ‘cheque’ after coming into force of The Negotiable Instruments (Amendment And Miscellaneous Provisions) Act, 2002.

A cheque has three principal parties viz. Drawer; Drawee and Payee.

The drawer is the person who issues (draws) the cheque.

The drawee is the paying bank whose name and address is printed on the cheque. The drawee makes payment when the cheque is presented for payment.

Payee is the person whose name is written on the cheque. The payee is entitled to receive amount mentioned in the cheque.

The meaning of ‘Bearer Cheque’: Bearer cheque means a person in possession of a cheque which is payable by the drawee bank to the bearer of the cheque.

The meaning of ‘Order cheque’: ‘Order cheque’ means the payment of that cheque will be made by the bank only to ‘Payee’ or to a person to whom payee has endorsed to collect the payment and not to the bearer. The endorsement (indorsement) shall be on the instrument itself.

The meaning of crossed cheque: When simply two parallel transverse lines either with or without any words appearing on the face of a cheque, that cheque is called crossed cheque. Normally cheques are crossed on left top corner of a cheque, because such crossing is prominently visible to whosoever handles it. The crossing of cheques can be classified as 1.General crossing, 2.Special crossing.

Unlike open cheque (uncrossed cheque), the proceeds of crossed cheque shall be credited only to the bank account of the payee or the holder in due course of the cheque. The Special or Restrictive Crossing on a cheque means the banker name is written in the crossing, where the payment of the cheque can be made only to the banker to whom it is crossed.

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(2) Comments

  1. Shreyas

    I have some flights about some transactions,just want to create it. 1)the name on cheque and the name in savings bank account is mismatching. eg. Cheque was drawn in the name of ' hari' while account shows the name as ' harishchadra'. Whether cheque should be honoured or dishonoured ? 2)what consequences appears if the savings a/c was opened with all kyc documents with the name as ' harishchandra' just before 8 days of depositing cheque having name as' hari' ?

    1. Surendra NaikSurendra Naik - Post author

      There are a number of cases where banks have lost money on account of collecting the cheque in spite of slight mismatch in the beneficiary of the cheque (Payee) and account title. You should not collect such cheques even for old accounts if you need protection under NI acts.

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