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Detailed note of Crossing of cheque, Summaries of Banking and Finance

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

2020/2021

Available from 08/08/2022

devadarsh-kk
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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.
1. It is very difficult for a wrong person to receive the payment of a crossed cheque. This is
because; the crossing is a direction to the paying banker not to pay the cheque at the counter,
but to another banker only. Therefore a wrong person finds it difficult to encash the cheque at
the counter. He has to collect the cheque through another bank. The another bank will collect
the cheque only for their customers. Thus crossing ensures the safety of the cheque.
2. It is also very easy to trace the actual person who has received the payment of the cheque in
respect of crossed cheques
Types of crossing
1.General Crossing
Section 123 of the Negotiable Instrument Act 1881 defines general crossing as follows. “Where a cheque
bears across its face, an addition of the words ‘ and company’ or any abbreviation thereof, between two
parallel transverse lines or of two parallel transverse lines simply, either with or with out the words ‘not
negotiable’, that addition shall be deemed to be a crossing, and the cheque shall be deemed to be
crossed generally”.
2.Special Crossing
Section 124 of the Negotiable Instrument Act 1881 defines a special crossing as follows. “Where a
cheque bears across its face, the addition of the name of a banker, with or with out the words ‘Not
Negotiable”, that addition shall be deemed a crossing, and the cheque shall be deemed to be crossed
specially, and to be crossed to that banker.”
3.Not Negotiable Crossing
The word ‘Not Negotiable’ may be included in general and special crossing. Inclusion of these words in
the crossing has great practical significance. ‘Not Negotiable’ does not mean not transferable. It does
not affect the transferability, but it only takes away the negotiability of the cheque. Negotiability means
transferability by mere delivery and endorsement plus transferability free from defects. The transferee
gets better title than that of the transferor if he takes the cheque in good faith. Thus a cheque crossed
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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.

  1. It is very difficult for a wrong person to receive the payment of a crossed cheque. This is because; the crossing is a direction to the paying banker not to pay the cheque at the counter, but to another banker only. Therefore a wrong person finds it difficult to encash the cheque at the counter. He has to collect the cheque through another bank. The another bank will collect the cheque only for their customers. Thus crossing ensures the safety of the cheque.
  2. It is also very easy to trace the actual person who has received the payment of the cheque in respect of crossed cheques Types of crossing 1.General Crossing Section 123 of the Negotiable Instrument Act 1881 defines general crossing as follows. “Where a cheque bears across its face, an addition of the words ‘ and company’ or any abbreviation thereof, between two parallel transverse lines or of two parallel transverse lines simply, either with or with out the words ‘not negotiable’, that addition shall be deemed to be a crossing, and the cheque shall be deemed to be crossed generally”. 2.Special Crossing Section 124 of the Negotiable Instrument Act 1881 defines a special crossing as follows. “Where a cheque bears across its face, the addition of the name of a banker, with or with out the words ‘Not Negotiable”, that addition shall be deemed a crossing, and the cheque shall be deemed to be crossed specially, and to be crossed to that banker.” 3.Not Negotiable Crossing The word ‘Not Negotiable’ may be included in general and special crossing. Inclusion of these words in the crossing has great practical significance. ‘Not Negotiable’ does not mean not transferable. It does not affect the transferability, but it only takes away the negotiability of the cheque. Negotiability means transferability by mere delivery and endorsement plus transferability free from defects. The transferee gets better title than that of the transferor if he takes the cheque in good faith. Thus a cheque crossed

‘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.