Banking · Negotiable Instruments Act
A bank receives a cheque for collection crossed 'Account Payee Only'. The presenter's name differs from the payee name on the instrument. The bank credits the presenter's account after taking a simple indemnity letter. What is the bank's legal standing if sued for conversion?
- 1The bank is legally safe because an indemnity letter shifts all legal liability to the customer.
- 2The bank is protected as a holder in due course because it gave value for the instrument.
- 3The bank is liable for negligence because an Account Payee crossing mandates crediting proceeds only to the named payee's account.✓
- 4The bank is protected under Section 131 provided the cheque was crossed generally prior to collection.
Correct answer
The bank is liable for negligence because an Account Payee crossing mandates crediting proceeds only to the named payee's account.
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