Differences between a Cheque and Promissory Note. negotiable Instrument Act LLB Notes

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Differences between a Cheque and Promissory Note



What is negotiable instrument;-

The word 'negotiable' means, "transferable from one person to another in return for consideration". The word 'instrument' means, "a written document by which a right is created in favour of some person". Hence, the term Negotiable Instrument means "a document in writing which creates a right in favour of some person", and which is freely transferable by delivery.

According to Section 13(1) of the Negotiable Instrument Act, "A negotiable instrument means a promissory note, bill of exchange or cheque payable either to order or to bearer".


Types of Negotiable Instrument;-

Three major types of Negotiable Instruments
The three major forms of a negotiable instrument discussed under the Negotiable Instruments Act of 1881 are:
 Promissory Note,
Bill of Exchange and
Cheque.




What is Promissory Note?
A "promissory note" is in an instrument in writing, containing an unconditional undertaking signed by the maker, to pay on demand or at a fixed or determinable future time] a certain sum of money only to, or to the order of a certain person, or to the bearer of the instrument.

For example;-

 A signed instrument in the following terms: "I promise to pay B or order Rs. 500." This will form a promissory note.


Feature of promissory note;-

A Promissory note should have the following features :-

An unconditional undertaking to pay
Must be in writing
Amount to be paid should be specified or certain
Promissory Note must be payable to or order of a certain person or to bearer
Must be signed by the maker
Must be stamped as per Indian Stamp Act
What is Cheque?
Under the Section-6 of the Negotiable Instruments Act, 'a cheque is a bill of exchange drawn on a specified bank and not expressed to be payable otherwise on demand.'

Cheque is a type of negotiable instrument.


Features of Cheque;-
Cheque should be writing and signed by the drawer.
It contains an unconditional order.
It can be paid to bearer on demand.
The amount should be specified and should be clearly mentioned both in figures and words.
It is drawn on a specified bank.
Unlike Bill of Exchange, it does not require acceptance




 Differences between a Cheque and Promissory Note.

A Promissory Note is an unconditional promise to make payment either in installment or in one go at a future date or on demand. While cheque in an order to make payment in one time.


Promissory note can never be conditional while cheque can be conditional.


There are two parties to a Promissory note – Maker and Payee. In Case of Cheque, three parties – Drawer, Drawee and Payee.


Cheque is drawn on a bank while Promissory Note can be made by any individual in favour of his creditor.


Cheque can be drawn in favour of self mean drawee can be payee but promissory note is always drawn in favour of another person.



Acceptance is not necessary in case of promissory note but in case of cheque, acceptance is required of the payee before it written.






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