CS Professional · Banking and Insurance - Laws and Practice · Payment and Collection of Cheques and Other Negotiable Instruments
Anand Textiles drew a cheque and crossed it generally with two parallel lines. The payee, Kiran, presented it at the drawee bank's counter and asked for cash. Kiran is not a banker. What is the drawee bank's obligation?
The drawee bank must refuse cash payment. For a cheque crossed generally, the banker on whom it is drawn shall not pay it otherwise than to a banker, so Kiran must collect the proceeds through a banking channel rather than at the counter.
- APay cash, since the payee is identified on the cheque
- BPay cash only if Kiran is an account holder of that bank
- CRefuse cash, because a cheque crossed generally must be paid only to a bankerCorrect
- DPay cash after obtaining Anand Textiles' written approval
Explanation
Section 126 provides that where a cheque is crossed generally, the banker on whom it is drawn shall not pay it otherwise than to a banker. Kiran is not a banker, so cash cannot be paid over the counter. Being an account holder or having the drawer's approval does not change the statutory bar.
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