Negotiable Instruments

1. “Negotiable Instruments”
Contents of this Lecture:
* Definition of Promissory Note
* Bill of Exchange & Cheques
* Dishonor of Cheques & Consequences
* Negotiable Instruments Act, 1881
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The word ‘negotiable’ means ‘transferable from one person to another in return for
consideration’ and ‘instrument’ means ‘a written document by which a right is created in favor
of some person.’ Thus, a negotiable instrument is a document which entitles a person to a sum
of money and which is transferable from one place to another by mere delivery i.e. transfer of
possession from one person to another or by endorsement i.e. by signing and delivery.
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The law relating to negotiable instruments is contained in the Negotiable Instruments Act, 1881
(Act No. XXVI of 1881), which deals with promissory notes, bill of exchange and cheques, etc.
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Promissory note: A promissory note is an instrument in writing containing an unconditional
undertaking, signed by the maker, to pay on demand or at a fixed or determinable future time,
a certain sum of money only to, or of the order of, a certain person, or to the bearer of the
instrument (Sec.4) e.g. Sid signs instruments in the following terms that “I promise to pay Bin or
order Tk. 500.”
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Bill of exchange: A bill of exchange is an instrument in writing containing an unconditional order,
signed by the maker, directing a certain person to pay on demand or at a fixed or determinable
future time a certain sum of money only to, or to the order of, a certain person or to the bearer
of the instrument (Sec.5).
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1. Cheque: Cheque is a bill of exchange drawn upon a specified banker and payable on
demand (Sec.6).
2. Dishonor of cheques and consequences: Where any cheque drawn by a person on an
account maintained by him with a banker for payment of any amount of money to
another person from out of that account is returned by the bank unpaid, either because

2. of the amount of money standing to the credit of that account is insufficient to honor
the cheque or that it exceed the amount arranged to be paid from that account by an
agreement made with that bank, such person shall be deemed to have committed an
offence and shall,without prejudice to any other provisions of this Act, be punished with
imprisonment for a term which may extend to one year, or fine which may extend to
thrice the amount of the cheque, or with both (Sec. 138).
But in order to apply this section (Sec. 138) the following conditions must be fulfilled:
a) The cheque has been presented to the bank within a period of six months from the
date on which it is drawn or within the period of its validity, whichever is earlier.
b) The payee or the holder in due course of the cheque, as the case may be, makes a
demand for the payment of the said amount of money by giving a notice in writing, to the
drawer of the cheque, within thirty days or the receipt of information by him from the
bank regarding the return of the cheque as unpaid, and
c) The drawer of such cheque fails to make the payment of the said amount of money to
the payee or as, the case may be, to the holder in due course of the cheque, within thirty
days of the receipt of the said notice (Sec.138(1)).
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Restriction in respect of appeal (Sec. 138A): No appeal against any order of sentence under Sec
138(1) shall lie, unless an amount of not less than fifty percent of the amount of the dishonored
cheque is deposited before filing the appeal in the court which awarded the sentence.