Cheque Bounce Lawyer In Ahmedabad | 9925002031 | Cheque Dishonor Case Attorney in Ahmedabad Gujarat | Advocate Paresh M Modi

Best Advocate of Gujarat, Advocate Paresh M Modi, explain the different meanings and  definitions of legal words, in regards of the Negotiable Instrument Act 1881,

Section 7. “Drawer”, “Drawee”

The maker of a bill of exchange or cheque is called the “drawer” the person thereby directed to pay is called the “drawee”.
“Drawee in case of need”-when in the bill or in any endorsement thereon the name of any person is given in addition to the drawee to be resorted to in case of need, such person is called a “drawee in case of need”.
“Acceptor”.- After the drawee of a bill has signed his assent upon the bill, or, if there are more parts thereof than one, upon one of such parts, and delivered the same, or given notice of such signing to the holder or to some person on his behalf, he is called the “acceptor”.
“Acceptor for honour”- when a bill of exchange has been noted or protested for non-acceptance or for better security, and any person accepts it supra protest for honour of the drawer or of any one of the indorses, such person is called an “acceptor for honour”.
“payee”.- The person named in the instrument, to whom or to whose order the money is by the instrument directed to be paid, is called the “payee”.

Section 8. “Holder”.

The “holder” of a promissory note, bill of exchange or cheque means any person entitled in his own name to the possession thereof and to receive or recover the amount due thereon from the parties thereto.
Where the note, bill or cheque is lost or destroyed, its holder is the person so entitled at the time of such loss or destruction.

Section 9.”Holder in due course”.

“Holder in due course” means any person who for consideration became the possessor of a promissory note, bill of exchange or cheque if payable to bearer.
Or the payee or endorsee thereof, if payable to order, before the amount mentioned in it became payable, and without having sufficient cause to believe that any defect existed in the title of the person from whom he derived his title.

 

Cheque Return Case Advocates In Ahmedabad | 9925002031 | Cheque Dishonor Case Advocate Ahmedabad | Advocate Paresh M Modi

ગુજરાતના શ્રેષ્ઠ વકીલ એડવોકેટ પરેશ એમ મોદી, નેગોશિયેબલ ઇન્સ્ટ્રુમેન્ટ એક્ટ 1881ના સંદર્ભમાં કાનૂની શબ્દોની વ્યાખ્યાઓ અને તેના વિવિધ અર્થો સમજાવે છે,

કલમ-૭. “ખત લખનાર” ” નાણાં ચુકવનાર ”

વિનિમયપત્ર અથવા ચેક લખી આપે તેને ‘ખત લખનાર’ કહેવાય, તે ખતથી નાણાં ચુકવવાનો જેને આદેશ કરવામાં આવ્યો હોય તેને “નાણાં ચુકવનાર” કહેવાય.

‘જીકરી ચુકવનાર’: વિનિમયપત્રમાં અથવા તેની ઉપરના કોઇ શેરમાં ચુકવનાર ઉપરાંત જેની પાસે જરૂર પડયે ચુકવણી માટે જવાનુ હોય તે વ્યકિતનું નામ આપવામાં આવેલું હોય ત્યારે એવી વ્યકિત “જીકરી ચુકવનાર ‘ કહેવાય.

‘સ્વીકારનાર’: વિનિમયપત્રના ચુકવનારને વિનિમયપત્ર ઉપર અથવા જો તેના એકથી વધુ ભાગો હોય, તો તેમના કોઇ એક ભાગ ઉપર પોતાની સંમતિ બદલ સહી કરીને તે સોંપ્યા પછી અથવા વિનિમયપત્રના ધારકને અથવા તેના વતી અમુક વ્યકિતઓને એ રીતે સહી કર્યાનું જણાવ્યા પછી, તે સ્વીકારનાર” કહેવાય.

‘શાખ ખાતર સ્વીકારનાર ‘ : કોઇ વિનિમયપત્રનો સ્વીકાર ન થવાને કારણે અનાદરની નોંધ કરાવવામાં આવી હોય અથવા અનાદરનું પ્રમાણપત્ર આપવામાં આવ્યુ હોય અથવા તે વિનિમયપત્ર અંગે વધુ સારી જામીનગીરી ન અપાયાની નોંધ કરવામાં આવી હોય અથવા ન અપાયાનું પ્રમાણપત્ર આપવામાં આવ્યુ હોય તો અને કોઇ વ્યકિત વિનિમયપત્ર લખનારની અથવા તેના ઉપર શેરો કરનારાઓ પૈકી કોઇ એકની શાખ ખાતર અનાદરનું પ્રમાણપત્ર અપાયા પછી તે વિનિમયપત્ર સ્વીકારે ત્યારે એવી વ્યકિત ‘શાખ ખાતર સ્વીકારનાર’ કહેવાય.

નાણાં લેનાર’: ખતમાં જણાવેલી જે વ્યકિતને અથવા જેના આદેશ મુજબ બીજી કોઇ વ્યકિતને નાણાં આપવાનો ખતમાં આદેશ કરવામાં આવ્યો હોય તે વ્યકિત ‘નાણાં લેનાર’ કહેવાય.

કલમ-8 “ધારક”

પ્રોમિસરી નોટ, વિનિમયપત્ર અથવા ચેકનો ધારક એટલે કે વ્યકિત પોતાના નામે તેનો કબજો રાખવા અને તેના ઉપરથી લેણી થતી રકમ મેળવવા અથવા વસુલ કરવા હકકદાર હોય તે વ્યકિત.
પ્રોમિસરી નોટ, વિનિમયપત્ર કે ચેક ખોવાય જાય અથવા નાશ પામે ત્યારે તે ખોવાઇ ગયાના અથવા નાશ પામ્યાના સ,મયે જે વ્યકિત એ રીતે હકકદાર હોય તે વ્યકિત તે ખતની ધારક ગણાય.

કલમ-9 “યથાક્રમ ધારક”

યથાક્રમ ધારક એટલે જે વ્યકિત કોઇ પ્રોમિસરી નોટ, વિનિમયપત્ર અથવા ચેકમાં જણાવેલ રકમ ચુકવવાને પાત્ર થાય તે પહેલાં અને જેની પાસેથી પોતે હકકા પ્રાપ્ત કર્યો હોય તે વ્યકિતના હકમાં કોઇ ખામી છે એમ માનવાને પોતાને પુરતું કારણ હોવા વિના, તે પ્રોમિસરી નોટ, વિનિમયપત્ર કે ચેક લાવનારને ચુકવવાનો હોય ત્યારે,અવેજ આપીને તે ખતનો કબજો ધરાવનાર થઇ હોય તે વ્યકિત અથવા
તે પ્રોમિસરી નોટ, વિનિમયપત્ર કે ચેક આદેશ મુજબ ચુકવવાનો હોય ત્યારે, તેના નાણાં લેનાર અથવા તેની શેરેદાર થઇ હોય તે વ્યકિત.

For your criminal Case, Bail Matter, Cheque Bounce Case, Family Matters, Property Disputes Cases, Civil Suits, Call or WhatsApp on Mobile No. 9925002031, to Advocate Paresh M Modi, Lawyer in Ahmedabad, Advocate in Ahmedabad

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