Banking · Negotiable Instruments Act
Consider the following statements regarding the statutory protection available to paying bankers under the Negotiable Instruments Act, 1881. Protection is contingent upon payment being made in due course. Statement I: Section 85(1) protects the banker only if the forged endorsement is that of the payee himself and does not extend to forgeries of subsequent endorsers in an order cheque. Statement II: The protection under Section 85 is available only if the cheque is an order cheque at the time of its original issue and remains so until the time of payment. Statement III: If a cheque is originally issued as a bearer cheque, the paying banker is discharged by payment to the bearer in due course, even if there are restrictive or forged endorsements on the back. Which of the combinations represents the accurate set of facts?
- 1I, II and III
- 2Only III✓
- 3Only I and II
- 4Only I
Correct answer
Only III
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