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Banking and Insurance




                    Notes          8.2.2  Bill of Exchange

                                   Suppose Rajiv has given a loan of Rupees Ten Thousand to Sameer, which Sameer has to return.
                                   Now, Rajiv also has to give some money to Tarun. In this case, Rajiv can make a document
                                   directing Sameer to make payment up to Rupees Ten Thousand to Tarun on demand or after
                                   expiry of a specified period. This document is called a Bill of Exchange, which can be transferred
                                   to some other person's name by Tarun.
                                   Section 5 of the Negotiable Instruments Act, 1881 defines a bill of exchange as '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'.
                                   Specimen of a Bill of Exchange


                                      Rs. 10,000/-                                                  New Delhi
                                                                                                   May 2, 2001
                                      Five months after date pay Tarun or (to his) order to sum of Rupees Ten Thousand only for value
                                      received.

                                      To                              Accepted                        Stamp
                                      Sameer                          Sameer                          S/d
                                      Address


                                   Parties to a Bill of Exchange

                                   There are three parties involved in a bill of exchange. They are:.
                                   1.  The Drawer: The person who makes the order for making payment. In the above specimen,
                                       Rajiv is the drawer.
                                   2.  The Drawee: The person to whom the order to pay is made. He is generally a debtor of the
                                       drawer. It is Sameer in this case.
                                   3.  The Payee: The person to whom the payment is to be made. In this case it is Tarun.
                                   The drawer can also draw a bill in his own name thereby he himself becomes the payee. Here the
                                   words in the bill would be Pay to us or order. In a bill where a time period is mentioned, just like
                                   the above specimen, is called a Time Bill. But a bill may be made payable on demand also. This
                                   is called a Demand Bill.

                                   Features of a Bill of Exchange

                                   Let us know the various features of a bill of exchange:
                                   1.  A bill must be in writing, duly signed by its drawer, accepted by its drawee and properly
                                       stamped as per Indian Stamp Act.

                                   2.  It must contain an order to pay. Words like 'please pay Rs 5,000/- on demand and oblige'
                                       are not used.
                                   3.  The order must be unconditional.

                                   4.  The order must be to pay money and money alone.




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