A Bill Of Exchange is an instrument in writing containing an unconditional order, signed by the maker , directing a certain person to pay a sum of money only to or to the order of a certain person or to the bearer of the instrument
A Bill Of Exchange is an instrument in writing.
It must be signed by the maker.
It contains an unconditional order.
The order must be to pay money and money only.
The sum payable must be specific.
The amount must be paid within a stipulated time.
The name of the drawee must be clearly mentioned.
It must be dated and stamped.
A Bill Of Exchange is an instrument in writing containing an unconditional order, signed by the maker , directing a certain person to pay a sum of money only to or to the order of a certain person or to the bearer of the instrument
A Bill Of Exchange is an instrument in writing.
It must be signed by the maker.
It contains an unconditional order.
The order must be to pay money and money only.
The sum payable must be specific.
The amount must be paid within a stipulated time.
The name of the drawee must be clearly mentioned.
It must be dated and stamped.
"Cheque is an instrument in writing containing an unconditional order, addressed to a banker, sign by the person who has deposited money with the banker, requiring him to pay on demand a certain sum of money only to or to the order of certain person or to the bearer of instrument."
NEGOTIABLE INSTRUMENTS ACT, 1881
STRUCTURE
1.0 Objectives
1.1 Introduction
1.2 Meaning of Negotiable Instruments
1.3 Characteristics of a negotiable instrument
1.4 Presumptions as to negotiable instrument
1.5 Types of negotiable Instrument
1.5.1 Promissory notes
1.5.2 Bill of exchange
1.5.3 Cheques
1.5.4 Hundis
1.6 Parties to negotiable instruments
1.6.1 Parties to Bill of Exchange
1.6.2 Parties to a Promissory Note
1.6.3 Parties to a Cheque
1.7 Negotiation
1.7.1 Modes of negotiation
1.8 Assignment
1.8.1 Negotiation and Assignment Distinguished
1.8.2 Importance of delivery in negotiation
1.9 Endorsement
1.10 Instruments without Consideration
1.11 Holder in Due Course
"Cheque is an instrument in writing containing an unconditional order, addressed to a banker, sign by the person who has deposited money with the banker, requiring him to pay on demand a certain sum of money only to or to the order of certain person or to the bearer of instrument."
NEGOTIABLE INSTRUMENTS ACT, 1881
STRUCTURE
1.0 Objectives
1.1 Introduction
1.2 Meaning of Negotiable Instruments
1.3 Characteristics of a negotiable instrument
1.4 Presumptions as to negotiable instrument
1.5 Types of negotiable Instrument
1.5.1 Promissory notes
1.5.2 Bill of exchange
1.5.3 Cheques
1.5.4 Hundis
1.6 Parties to negotiable instruments
1.6.1 Parties to Bill of Exchange
1.6.2 Parties to a Promissory Note
1.6.3 Parties to a Cheque
1.7 Negotiation
1.7.1 Modes of negotiation
1.8 Assignment
1.8.1 Negotiation and Assignment Distinguished
1.8.2 Importance of delivery in negotiation
1.9 Endorsement
1.10 Instruments without Consideration
1.11 Holder in Due Course
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2. ORIGIN OF BILL OF EXCHANGE
In India instruments of credit have been
in use since time immemorial and are
popularly known as ‘Hundies’
Hundies are written in Indian languages.
3. BILL OF EXCHANGE
DEFINITION
According to the Negotiable Instruments Act
1881,A bill of exchange is defined 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.
4. FEATURES OF A BILL OF
EXCHANGE
A bill of exchange must be in writing.
It is an order to make payment.
The order to make payment is
unconditional.
The maker of the bill of exchange must
sign on it.
The payment to be made must be certain.
5. FEATURES OF A BILL OF
EXCHANGE
The date on which payment is made
must also be certain person.
The amount is payable either on
demand or on expiry of a fixed
period of time.
It must be stamped as per the
requirement of law.
6. PARTIES TO A BILL OF EXCHANGE
• DRAWER
• DRAWEE
• PAYEE
7. 1.DRAWER
The maker of the bill of
exchange. A seller of creditor who
is entitled to receive money from
the debtor can draw a bill.
8. 2.DRAWEE
The person upon whom the
payment is to be made. The drawee
is the purchaser or debtor upon
whom the bill of exchange is
drawn.
9. 3.PAYEE
Payee is the person to whom the
payment is to be made. The drawer of the
bill will be the payee if he keeps the bill
with him till the date of its payment.
Payee in case of endorsed bill is the creditor.
10. SPECIMEN OF BILL OF EXCHANGE
Sukumar Puthenchira
Rs.10,000 December 5th
2015
Three months after date pay to me or my order, the sum of
Rupees Ten Thousand only, for value received.
Accepted
(Signed) (Signed)
Kiran Sukumar
5/12/2015 Kodungallur Road
Mala Road Puthenchira
Puthenchira 680682 To
Kiran
stamp
11. PROMISSORY NOTE
According to the Negotiable Instruments Act
1881,Promissory note is defined 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.
12. FEATURE OF A PROMISSORY NOTE
A Promissory note must be in writing.
It must contain an unconditional promise to pay.
The maker of the promissory note must sign on it.
The sum payable must be certain.
It must be payable to a certain person
It should be properly stamped
13. SPECIMEN OF PROMISSORY NOTE
Anilkumar Puthenchira
Rs.10,000 December 5th
2015
Three months after date I promise to pay Sri.Biswas or
order, the sum of Rupees Ten Thousand only, for value received.
Biswas Anilkumar
5/12/2015 Kodungallur Road
Mala Road Puthenchira
Puthenchira 680682
stamp
14. PARTIES TO A PROMISSORY NOTE
• DRAWER OR MAKER
• DRAWEE OR PAYEE
15. 1.DRAWER OR MAKER
The person who makes or draws
the promissory note to pay a certain
amount as specified in the promissory
note. He is also called the promisor.
16. 3.DRAWEE OR PAYEE
The person in whose favour the
promissory note is drawn . He is also called
the promisee.
17. DISTINCTION BETWEEN A BILL OF EXCHANGE AND PROMISSORY NOTE
BASIS BILL OF EXCHANGE PROMISSORY NOTE
Drawer Drawn by the creditor Drawn by the debtor
Order or
promise
It contains an order to make
payment
It contains a promise to make
payment
Parties There can be three parties to
it,viz,the drawer, drawee and
the payee
There are only two parties
viz,the drawer and the payee
Acceptance It requires acceptance by the
drawee or someone else on
his behalf
It does not require any
acceptance
Payee Drawer and payee can be the
same party
Drawer cannot be the payee
of it.
Notice In case of dishonour due notice
of dishonour is to be given by
the holder to the drawer
No notice need to be given in
case of its dishonour
18. ADVANTAGES OF BILL OF EXCHANGE
• Framework for relationships:-It is a device, which enables
credit transaction between the seller and buyer or debtor and
creditor
• Certainty of terms and conditions:-The creditor knows the time
when he would receive the money . The debtor is also fully
aware of the date by which he has to pay the money.
• Convenient means of credit:-A bill of exchange enables the
buyer to buy the goods on credit and pay after the period of
credit
• Conclusive proof :- It is a legal evidence of a credit transaction.
• Easy transferability:-A debt can be settled by transferring a bill of
exchange through endorsement and delivery
19. Maturity of a Bill
The term maturity refers to the
date on which a bill of exchange
or promissory note becomes due
for payment. In arriving at the
maturity date three days, known
as days of grace, must be added
to the date on which the period
of credit expires.
20. Maturity of a Bill
When the date of maturity is a public holiday, the
instrument will become due on the preceding
business day.
But when an emergent holiday is declared under
negotiable instruments Act , then the maturity date
will be the next working day .