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Essentials of a Valid Promissory Note, Bill of Exchange, and Cheque

Essentials of a Valid Promissory Note, Bill of Exchange, and Cheque

(Under Negotiable Instruments Act, 1881)

Introduction

In day-to-day business, people often use documents like Promissory Notes, Bills of Exchange, and Cheques to settle their payments instead of using physical cash.
These documents are called Negotiable Instruments and are governed by the Negotiable Instruments Act, 1881.

This assignment explains:

  • Essentials of a Promissory Note

  • Essentials of a Bill of Exchange

  • Essentials of a Cheque

  • Essential elements of a Cheque

  • Types of Cheques

Part 1: Essentials of a Valid Promissory Note

Definition of Promissory Note

As per Section 4 of the Negotiable Instruments Act:

"A promissory note is 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."

In simple words, a Promissory Note is a written promise made by one person to pay a fixed sum of money to another person.

Essentials of a Promissory Note

1. It must be in writing

  • An oral promise is not enough.

  • It should be written on paper, either handwritten, printed, or typed.

2. It must contain an unconditional promise to pay

  • The promise to pay must not depend on any condition.

  • Example:
    ✅ "I promise to pay ₹10,000 to Raj." (Valid)
    ❌ "I promise to pay ₹10,000 to Raj if he passes the exam." (Invalid)

3. Signature of the Maker

  • The person who makes the note (called the maker) must sign it.

4. The Parties Must Be Certain

  • The person who is paying and the person who will receive the payment must be clearly mentioned.

5. The Amount Must Be Certain

  • The amount payable should be certain and fixed.

  • Example: ₹10,000.

6. Payment Must Be in Money Only

  • Payment must be in terms of money and not goods or services.

7. It Must Be Payable to a Definite Person

  • The person who will receive the money should be clearly mentioned.

Part 2: Essentials of a Valid Bill of Exchange

Definition of Bill of Exchange

As per Section 5 of the Negotiable Instruments Act:

"A Bill of Exchange is 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."

It is like a written order by one person to another to pay money to a third person.

Essentials of a Bill of Exchange

1. It Must Be in Writing

  • It must be a written document, not verbal.

2. It Must Contain an Unconditional Order

  • It should order the payment without any conditions.

3. Parties Must Be Certain

  • There are three parties:

    • Drawer (the person who makes the bill)

    • Drawee (the person who has to pay)

    • Payee (the person who will receive the money)

4. Signature of the Drawer

  • The drawer must sign the Bill.

5. Certain Amount

  • The amount payable must be certain and fixed.

6. Payment in Money Only

  • Like a promissory note, the payment must be in money.

7. Proper Stamping

  • According to law, a Bill of Exchange must be properly stamped.

Part 3: Essentials of a Valid Cheque

Definition of Cheque

As per Section 6 of the Negotiable Instruments Act:

"A cheque is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand."

In simple words, a Cheque is a written order given to a bank to pay money from the drawer’s account to a specific person or bearer.

Essentials of a Cheque

1. It Must Be in Writing

  • The cheque must be in written form.

2. It Must Be Drawn on a Specified Banker

  • Only a bank can be ordered to pay through a cheque.

3. It Must Contain an Unconditional Order

  • It should be an order to pay without any conditions.

4. Signature of the Drawer

  • The person issuing the cheque (drawer) must sign it.

5. Payee Must Be Certain

  • The person receiving the money must be clearly named.

6. Amount Must Be Certain

  • The cheque must specify the exact amount to be paid.

7. Payable on Demand

  • A cheque is always payable immediately when presented.

8. Date

  • The cheque must be dated. A post-dated or undated cheque may cause issues.

Part 4: Essential Elements of a Cheque

For a cheque to be valid, the following must be present:

  • Written form

  • Unconditional order to bank

  • Specific bank name

  • Signature of the drawer

  • Clear mention of the amount

  • Clear identification of the payee

  • Date of issue

  • Payable only in money

  • Should not be payable at a future date without proper wording

Part 5: Different Types of Cheques

The Negotiable Instruments Act and banking practices recognize several types of cheques:

1. Bearer Cheque

  • A cheque that is payable to the person who presents it to the bank.

  • It can be transferred by simple delivery.

2. Order Cheque

  • A cheque that is payable to a specific person or to his order.

  • It requires proper endorsement and identification.

3. Crossed Cheque

  • A cheque that has two parallel lines drawn across it.

  • It cannot be encashed directly at the bank counter.

  • It must be credited to a bank account.

Types of Crossing:

  • General Crossing: Two parallel lines without words or with words like "and Co."

  • Special Crossing: Name of a specific bank is written between the lines.

4. Post-Dated Cheque

  • A cheque bearing a future date.

  • It can be presented for payment only after the mentioned date.

5. Stale Cheque

  • A cheque that is not presented within 3 months of the date written on it.

  • It becomes invalid.

6. Ante-Dated Cheque

  • A cheque that bears a date earlier than the actual date it was issued.

  • It is valid if presented within 3 months.

7. Self-Cheque

  • When the drawer writes the word "Self" instead of a payee’s name.

  • The drawer himself can withdraw cash from his account.

8. Traveller’s Cheque

  • Used by travelers to avoid carrying cash.

  • Can be encashed at banks globally.

Conclusion

Promissory Notes, Bills of Exchange, and Cheques are important tools for financial transactions.
They serve as a substitute for money and ensure smooth trade and business activities.

Each instrument must meet specific conditions under the Negotiable Instruments Act, 1881 to be valid:

  • Promissory Note: A written promise to pay.

  • Bill of Exchange: A written order to pay.

  • Cheque: A Bill of Exchange payable only on demand and drawn on a bank.

A cheque must meet essential conditions like being in writing, unconditional, drawn on a specific banker, and duly signed.

Different types of cheques serve different business needs, like safety (crossed cheques), scheduled payments (post-dated cheques), or easy withdrawal (self-cheques).

Understanding these instruments is essential for everyone engaged in trade, banking, and finance.


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