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The concept of crossing of cheques, which is a safety measure to avoid risks involved in open cheques. It describes the types of cheques, objects of crossing, and types of crossing. The crossing of cheques is essential to minimize the risk involved in open cheques and to ensure its safety. The document also explains the practical significance of the words 'Not Negotiable' in the crossing.
Typology: Summaries
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Crossing of Cheques Cheques are of two types namely open cheques and crossed cheques. A cheque without crossing is called an open cheque. Open cheques are payable at the counter of the bank to any person who present it. Therefore great risk is involved if such cheques fall in the hands of undesirable persons. In order to avoid such risks and to become the cheque more safe, a device known as crossing is introduced. A crossing is a direction to the paying banker to pay the amount of the cheque only to a banker and not directly to a person who presents it at the counter. Crossing of a cheque means drawing across the face of the cheque two parallel transverse lines with or with out the words “and Company”. Crossing can be hand-written or stamped. Objects of Crossing Crossing of cheques is very essential to minimise the risk involved in open cheques and to ensure its safety.
‘Not Negotiable’ can be transferred like any other cheque .But the transferee will not get better title than that of the transferor: If the title of the transferor is defective, the title of the transferee will also be defective. The words 'Not Negotiable' do not impose any additional duty on the collecting or paying banker. But it is a warning to the person who takes the document that he should be very careful in receiving it. He should accept such cheques only from the persons who knows well. 4.Account Payee Crossing The words ‘Account payee’ or ‘Payees Account’ may be included in general or special crossing. This type of crossing gives further protection to a cheque. It is a direction to the collecting banker that he should collect the cheque for the benefit of the payee only and nobody else. In other words, a collecting banker should ensure that, the cheque is credited only to the account of the payee. In reality such cheques becomes not negotiable. If a collecting banker collects such a crossed cheque for any person other than payee, it will constitute negligence on the part of the banker and so he will lose statutory protection given under section 131 of the Act. Double Crossing Double crossing means crossing a cheque specially to more than one banker. A cheque cannot have double or special crossing because the very purpose of the first crossing is defeated by the second crossing. However, there is one exemption to this rule for special purpose. If the banker, to whom a cheque is specially crossed, does not have a branch at the place of the paying banker, he may cross the cheque specially to another bank, who acts his agent for the purpose of collection. Obliterating a Crossing Obliterating a crossing means erasing the crossing on the cheque. Sometimes, the crossing on a cheque is erased by a dishonest person. Such obliteration may be made so cleverly as to make it difficult for the paying banker to detect it and consequently he makes the payment of the cheque at the counter. In such cases the statutory protection is available to the paying banker if the following conditions are satisfied. 1.The obliteration is not apparent or clear. 2.he payment is made in due course. That is in good faith and without negligence.