Cases on Negotiable Instruments Act

4561 Words Aug 3rd, 2010 19 Pages
LIABILITY OF PAYING BANKER WHEN CUSTOMER’S SIGNATURE ON CHEQUE IS FORGED 1. When the customer’s signature on the cheque is forged there is no mandate to the bank to pay. As such a banker is not entitled to debit the customer’s account on such forged cheque.
In Canara Bank vs. Canara Sales Corporation and Others [(1987)2 Supreme Court Cases 666] the company has a current account with the bank which was operated by the Company’s Managing Director. The Company’s account in whose custody the cheque book was, forged the signature of the Managing Director in 42 Cheques totaling Rs.326047.92 over a period of time. This was detected by another accountant. The company immediately on detected of
…show more content…
The bank therefore sued the firm for the money relying on Section 85 and 118 of the Negotiable Instruments Act, 1881. The matter reached the Supreme Court and it was held that before the provisions of Section 85 can assist the bank it had to be established that payment had in fact been made to the firm or a person on behalf of the firm. Payment of a person who had nothing to do with the firm or a payment to an agent of the Bank would not be a payment to the firm. 2. The Calcutta High Court had occasion to consider as to whether a bank had made payment in due course or not in the case of Bhutoria Trading Company (BTC) vs. Allahabad Bank (AIR 1977 Cal 363) the facts of which are as follows;
BTC, a limited company, had sold some jute to WFD another limited company, for payment of which WFD issued an uncrossed cheque payable to BTC or order which was delivered to one of the officials of BTC. The official using the company’s seal endorsed the cheque as manager and encashed it over the counter. BTC later sued the bank for recovery of the money on the grounds of damages or in the alternative on the grounds of money had and received by the bank. The court held that:
The expression “payment due course” has been defined in Section 10 of the Negotiable Instruments Act to mean payment in accordance with the apparent tenor of the instrument in good faith and without negligence to any person in possession thereof, under circumstances which do not afford reasonable
Open Document