Crossing of Cheque, Types of Crossing, Material Alterations

A cheque is a negotiable instrument that can be categorized as either open or crossed. An open cheque, also known as a bearer cheque, is payable directly over the counter when presented by the payee to the paying banker. In contrast, a crossed cheque cannot be encashed over the counter and must be processed through a bank. The payment for a crossed cheque is credited directly to the payee’s bank account. Cheque crossings can be classified into three types: General Crossing, Special Crossing, and Restrictive Crossing.

Crossing Cheque

Crossed cheque is a type of cheque marked with two parallel lines, with or without additional words, across its face. This crossing ensures that the cheque cannot be encashed directly over the counter and must be deposited into a bank account. The purpose of crossing is to enhance security by directing the payment only to a bank account, reducing the risk of misuse if the cheque is lost or stolen. Crossings are of three types: General Crossing (with two parallel lines), Special Crossing (naming a specific bank), and Restrictive Crossing (adding further instructions like “A/C Payee Only”).

Types of Cheque Crossing (Sections 123-131 A):

The concept of cheque crossing is governed by Sections 123 to 131A of the Negotiable Instruments Act, 1881, aimed at ensuring secure payments. Cheque crossing mandates that the amount mentioned is credited to the payee’s bank account, providing an additional layer of safety. The primary types of cheque crossings are:

1. General Crossing (Section 123)

General crossing is when two parallel transverse lines are drawn across the face of the cheque, with or without the words “and company” or “not negotiable.”

• Effect: The cheque cannot be encashed over the counter but must be collected through a bank.
• Purpose: Enhances security by ensuring the payment is made to the payee’s bank account.

2. Special Crossing (Section 124)

Special crossing occurs when, in addition to two parallel lines, the name of a specific bank is mentioned within the lines.

• Effect: The cheque can only be collected through the specified bank, further narrowing the scope of encashment.
• Purpose: Provides an additional layer of security by directing the payment exclusively through the mentioned bank.

3. Restrictive Crossing

Restrictive crossing includes specific instructions such as “A/C Payee Only” or “Not Negotiable” written between the lines.

• Effect: The cheque can only be deposited into the account of the specified payee, restricting its transferability.
• Purpose: Prevents misuse and ensures the payment is credited to the intended recipient.

4. Not Negotiable Crossing (Section 130)

When the words “Not Negotiable” are added to the crossing, the cheque loses its negotiability, meaning it cannot be further endorsed.

• Effect: Even if transferred, the transferee cannot have better rights than the transferor.
• Purpose: Minimizes risks associated with stolen or improperly endorsed cheques.

5. Account Payee Crossing (Section 131A)

An “Account Payee” crossing directs the cheque payment to be made strictly to the bank account of the payee mentioned on the cheque.

• Effect: Prohibits transferability and ensures payment reaches the intended account holder only.
• Purpose: Provides the highest level of safety in cheque transactions.

General Cheque Crossing

General cheque crossing is a form of crossing where two parallel transverse lines are drawn across the face of the cheque, often accompanied by words like “& Co.” or “Not Negotiable.” This crossing directs that the cheque cannot be encashed directly over the counter and must be deposited into a bank account. The payment is routed through the banking system, enhancing the security of the transaction by ensuring that the funds are credited to the rightful account holder. General crossing serves as a preventive measure against fraud and misuse, as it mandates the cheque’s processing through a bank rather than direct encashment.

Special Cheque Crossing

Special cheque crossing is a type of cheque crossing where, in addition to two parallel lines across the cheque’s face, the name of a specific bank is mentioned within the lines. This ensures that the cheque can only be collected through the bank named in the crossing, adding an additional layer of security to the transaction.

The primary purpose of special crossing is to restrict encashment to the designated bank, minimizing the risk of fraud or misuse. For instance, if a cheque bears the crossing “State Bank of India,” only the specified bank is authorized to process the cheque.

Special crossing is particularly useful in situations where the drawer wishes to ensure the cheque’s payment is handled securely through a trusted or preferred banking channel. It is governed by Section 124 of the Negotiable Instruments Act, 1881, which protects both the drawer and payee from unauthorized access to funds.

Restrictive Cheque Crossing or Account Payee’s Crossing

Restrictive cheque crossing, also known as account payee’s crossing, is a form of cheque crossing where the words “Account Payee” or “A/C Payee Only” are written between two parallel lines on the face of the cheque. This type of crossing is used to ensure that the cheque is credited only to the bank account of the payee whose name is specified on the cheque. It prohibits further endorsement or transfer to another party, thus providing an additional layer of security.

The restrictive crossing is particularly helpful in preventing unauthorized or fraudulent transactions, as it limits the cheque’s encashment or credit to the intended recipient’s account. For instance, if a cheque is crossed as “A/C Payee Only” and made payable to a specific individual or entity, it cannot be encashed by anyone else, even if the cheque is lost or stolen.

Governed by Section 131A of the Negotiable Instruments Act, 1881, restrictive crossing is widely used in business transactions and situations requiring secure fund transfers. It provides both the drawer and payee with enhanced protection, ensuring that the payment reaches the rightful beneficiary without the risk of being misused or misappropriated during the clearing process.

Not Negotiable Cheque Crossing

Not negotiable cheque crossing is a specific type of crossing where the words “Not Negotiable” are added within two parallel transverse lines on the face of the cheque. This crossing ensures that while the cheque can be transferred, the transferee (the person to whom the cheque is endorsed) does not acquire better title than the transferor (the person endorsing it). Essentially, this crossing restricts the negotiability of the cheque while maintaining its transferability.

For example, if a cheque crossed with “Not Negotiable” is transferred to a third party, and it is later discovered that the transferor had no legal right to the cheque, the transferee cannot claim better rights to the amount than the transferor. This helps protect the drawer from potential fraud or unauthorized transfers.

The primary purpose of a “Not Negotiable” crossing is to minimize risks associated with stolen or lost cheques. Even if such a cheque falls into the wrong hands, the restrictive nature of the crossing prevents its misuse. This type of crossing is commonly used in commercial transactions to ensure added security.

Governed by Section 130 of the Negotiable Instruments Act, 1881, “Not Negotiable” crossings act as a safeguard for drawers by controlling the risks of improper transfer, ensuring funds are handled securely and lawfully.

Material Alterations:

A material alteration occurs when any change is made to a cheque after it has been issued that affects its legal validity or the rights of the parties involved. Examples include changing the amount, date, payee name, or signature without the drawer’s consent. Such alterations can make a cheque void or dishonoured, unless approved by the drawer. Banks are required to carefully examine cheques for material alterations before payment. In India, material alterations are governed by the Negotiable Instruments Act, 1881, and unauthorized changes can lead to legal consequences for fraud or forgery.

Types of Material Alterations:

• Alteration in Amount

Changing the amount on a cheque, either in words or figures, is a common form of material alteration. For example, modifying ₹5,000 to ₹50,000 without the drawer’s consent is unauthorized. Such alterations can lead to the cheque being dishonoured by the bank. Only the drawer can approve changes, and the alteration must be authenticated with initials or signature. Unauthorized changes may constitute fraud or forgery under the Negotiable Instruments Act, 1881. Banks are legally responsible for detecting such alterations before processing payment, ensuring the safety and integrity of financial transactions.

• Alteration in Date

Changing the date on a cheque after issuance is another type of material alteration. Altering the date can affect the cheque’s validity, making it post-dated or stale-dated unintentionally. For instance, modifying the date to a past or future date without the drawer’s consent may mislead the bank or payee. Banks examine dates carefully to avoid dishonour or legal complications. Unauthorized date changes can lead to legal liability for forgery. Any change must be approved by the drawer and authenticated with initials, ensuring that the cheque remains a legally valid negotiable instrument.

• Alteration in Payee Name

Altering the payee’s name on a cheque is a serious material alteration. For example, changing the payee from “Rahul Kumar” to “Rohit Sharma” without the drawer’s authorization is illegal. This type of alteration can result in dishonour or rejection of the cheque by the bank. Only the drawer can approve and authenticate such a change with initials. Unauthorized modifications can lead to criminal charges for forgery or fraud under the Negotiable Instruments Act. Banks are required to scrutinize the payee details carefully to prevent misuse and maintain the integrity of cheque transactions.

• Alteration in Signature

Changing or forging the drawer’s signature on a cheque is a material alteration that invalidates the instrument. If the signature is altered, the bank may refuse payment as it cannot verify the authenticity. Unauthorized signature alteration constitutes fraud or forgery, which is punishable under the Negotiable Instruments Act, 1881. Even minor modifications can make the cheque legally ineffective. Banks rely on signature verification to prevent such alterations. Any correction in signature must be done with the drawer’s consent and properly authenticated. Signature alterations are critical to maintaining trust and security in the Indian banking system.