We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What Is the Negotiable Instrument Act?

By Jo Dunaway
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

The Negotiable Instrument Act is an act of specific financial definitions that was passed in India in 1881. It differentiates chiefly with the three types of negotiable instruments: check, promissory note and bill of exchange. It is the basis and reference for both civil and criminal law with respect to obligations of all parties to an implied or actual contract for the exchange of monetary consideration for goods and/or services. Passed when India was a colony of the British monarchy, the act took nearly two decades of law commissions to finally become a passed bill and make its way into common law.

In 1988, the responsibilities of all parties were added in an amendment to The Negotiable Instrument Act to cover penalties for dishonored checks, and it leaned heavily in favor of the holder of the check. In 2002, The Negotiable Instrument Act was once again amended to include not only the definitions for acceptance of electronic checks and truncated electronic checks but also to close a few loopholes. The holder of a bad check had been left with no option to collect other than to go through a claim in civil court, which is a lengthy process, but the 2002 amendment moved recourse to the criminal courts. The provisions of penalties per check of as much as two years' imprisonment, a fine of double the amount of the check or both led to a sharp drop in the necessity to apply the law.

The Negotiable Instrument Act regulates transactions that affect the lives of people and companies around the globe whenever they engage in any kind of monetary transaction having to do with issuing and acceptance of checks. It defines that a check is a type of bill of exchange. Checks under this act also have free transferability and bear the title to the transferee, and the holder has certain presumptions upon which a lawsuit can be filed if the check is dishonored, except when the check has been obtained from the lawful owner by means of any kind of offense or fraud. The issuing bank’s responsibilities and liabilities also are defined within the act.

A promissory note also is defined within The Negotiable Instrument Act, as well as how it is differentiated from a bill of exchange. The essential difference is that a promissory note is a promise to pay rather than a demand to pay. Further definitions are of negotiable instrument liability capacities, the essentials of a valid acceptance, how to calculate maturity and what to do in the instance of loss of the negotiable instrument. The effects of forgery and discharge of liability of forged instruments are also covered. As a bearer of title, negotiable instruments are a method by which payment is made and discharged in any business obligation.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.