KSLU Corner™ New AIBE previous QP

negotiable instrument

English · Contract and commercial

Meaning. A document such as a promissory note, bill of exchange or cheque, transferable by delivery or endorsement.

A negotiable instrument is a written document that entitles a person to a sum of money and is transferable by delivery (if payable to bearer) or by endorsement and delivery (if payable to order). The Negotiable Instruments Act, 1881 recognises three: promissory notes, bills of exchange and cheques.

Its key feature is that a holder in due course, who took it for value, in good faith and before maturity, gets a good title free from defects in the title of earlier parties. This is an exception to the rule nemo dat quod non habet. The Act also contains presumptions in favour of the holder and makes dishonour of a cheque for insufficient funds an offence.

Example

Because the cheque is a negotiable instrument, the holder in due course could sue the drawer despite the fraud on the original payee.

In Indian law

  • Sections 4, 5, 6 and 13, Negotiable Instruments Act, 1881
  • Section 138, Negotiable Instruments Act, 1881 (dishonour of cheque)

See also

promissory note · bill of exchange · cheque · holder in due course

Read more in the study notes

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