Source: 4)b)7m,MDTP6, 4)b)7m,MTP2,Sept20247 Marks
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Question Scenario

What is a cheque under the Negotiable Instruments Act, 1881, and who are the parties involved? What are the essential elements of a cheque?

Estimated Writing Time: 12 mins Try in Practice Mode

Suggested Answer

CHEQUE [Section 6 of the Negotiable Instruments Act, 1881]\nA “cheque” is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of a truncated cheque and a cheque in the electronic form.\nParties to Cheque\nc) Drawer: The person who draws a cheque i.e., makes the cheque (Debtor). His liability is primary and conditional.\nd) Drawee: The specific bank on whom cheque is drawn. He makes the payment of the cheque. In case of cheque, drawee is always banker.\ne) Payee: The person named in the instrument (i.e., the person in whose favour cheque is issued), to whom or to whose order the money is, by the instrument, directed to be paid, is called the payee. The payee may be the drawer himself or a third party.\nEssential Characteristics of a cheque\nAccording to the definition of cheque under section 6, a cheque is a species of bill of exchange. Thus, it should fulfil:\na) all the essential characteristics of a bill of exchange\nb) Must be drawn on a specified banker.\nc) It must be payable on demand.

Exam Strategy Tip

When answering law questions in the CA Foundation exam, follow the "Provision -> Facts -> Conclusion" structure for maximum marks. Ensure to state the relevant sections where applicable to earn bonus marks from the evaluator.

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