NIA 47 — Negotiation by delivery

Negotiable Instruments Act, 1881

Statutory text

Subject  to  the  provisions  of  section  58,  a  promissory  note,  bill  of exchange or cheque payable to bearer is negotiable by delivery thereof.
Exception.—A  promissory  note,  bill  of  exchange  or  cheque  delivered  on  condition  that  it  is  not  to
take  effect except in a  certain event is  not negotiable (except in the  hands of a holder for value  without notice of the condition) unless such event happens.
Illustrations
(a) A, the holder of a negotiable instrument payable to bearer, delivers it to B's agent to keep for B. The instrument has been negotiated.
(b)  A,  the holder of  a negotiable  instrument  payable  to  bearer,  which  is  in  the  hands of  A's  banker,  who  is  at  the  time  the banker  of  B, directs  the  banker  to  transfer  the instrument  to  B's  credit  in  the banker's  account  with  B.  The banker  does  so, and accordingly now possesses the instrument as B's agent. The instrument has been negotiated, and B has become the holder of it.

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