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Problem No 7

(a) A cheque which had originally been


crossed is presented to you for payment at
the counter bearing the remark “Crossing
cancelled” below the crossing under the
drawer’s initials.
Solution-
• No, Payment will not be made.
• In this case, the material of the cheque has been altered, as
the remark changed to “Crossing Cancelled”. The material
alteration is only possible when the cheque will contain
drawer’s approval his/her full signature.
• As paying banker I will not make the payment because the
cheque is presented to me with only “drawer’s initials”
Problem No 7

(b) An order cheque payable to a minor aged 17


years bearing his endorsement is presented to
you for payment by a third party.
Solution-
• Yes, I will make the payment.
• In this case, a cheque is presented to me by the third party
with a minor endorsement. As a paying banker, I will make
the payment because according to the section 26, minor can
endorse but s/he cannot be held liable for this kind of
payment.
Problem No 7
(b) Acustomer has a credit balance of Rs. 2,000 in
his current account at your branch, Three
cheques for Rs. 1,000, Rs. 500 and Rs. 1,200
respectively are simultaneously presented for
payment through clearing.
Solution-
• The cheque holds the biggest amount will be paid fast, after that the
cheque with smallest amount will be paid because the customer’s
credit balance is not sufficient to make payment all the three
cheques. Besides, the three cheques are presented to me
simultaneously.
Problem No 7
• (d) A cheque is drawn payable to Ramakant Patel or order (the word
bearer on the cheque form is crossed out and changed to order). At
the request of the payee the word order is crossed out by the drawer
under his initials. Should the cheque by considered payable to bearer?
Solution-
• No, the payment of the cheque is not possible because it is against
section 87, the material alteration of cheques.
Problem-8
• Your account holder finds, on scrutiny of the entries in his pass book,
one entry of Rs. 10,000 representing payment of a cheque. According
to him the cheque was for Rs. 1,000 only. On examination of the
cheque under ultra violet machine by the bank, it is observed that the
amount was altered from Rs. 1,000 to Rs. 10,000. Your customer
demands refund of Rs. 9,000.
Solution-
• No, the refund of this cheque is not possible. As a paying banker, I am
not liable to refund because I made the payment in due course.

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