VoxJuris
Home › Acts › NI Act › Chapter XIV › Section 128

Negotiable Instruments Act, 1881 · Chapter XIV: O F C R O S S E D C H E Q U E S

Section 128: Payment in due course of crossed cheque

In plain words

Where a bank pays a crossed cheque in due course, the bank, and the drawer if the cheque reached the payee, are in the same position as if the true owner had been paid.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

Where the banker on whom a crossed cheque is drawn has paid the same in due course, the banker paying the cheque, and (in case such cheque has come to the hands of the payee) the drawer thereof, shall respectively be entitled to the same rights, and be placed in the same position in all respects, as they would respectively be entitled to and placed in if the amount of the cheque had been paid to and received by the true owner thereof.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 128