Tag: Legal Protection

A Collecting banker is the bank that collects payment of a cheque on behalf of its customer. In simple words, it is the customer’s bank which receives the cheque and sends it to the paying bank for payment. For example, when a customer deposits a cheque in his account, his bank becomes the collecting banker. The collecting banker acts as an agent of the customer and helps in getting the cheque amount credited to the account. It must take reasonable care while accepting cheques, especially to check proper endorsement and crossing. If the banker acts negligently and causes loss, it can be held legally responsible. The collecting banker also gets legal protection when it collects cheques honestly and without negligence under the Negotiable Instruments Act, 1881. Thus, the collecting banker plays an important role in safe and smooth cheque transactions in India.

Legal Status of Collecting Banker:

1. Collecting Banker as Agent of Customer

A collecting banker mainly acts as an agent of the customer while collecting cheques and other negotiable instruments. The customer remains the real owner of the cheque amount until it is collected and credited. The banker only performs the duty of presenting the cheque to the paying bank and receiving payment on behalf of the customer. If the banker is careless or acts dishonestly, it can be held liable for the loss caused. The relationship is based on trust and service. This agency role continues until the cheque is realised. After collection, when the amount is credited, the banker may become a debtor of the customer.

2. Collecting Banker as Trustee in Some Cases

In certain situations, the collecting banker may act as a trustee. This happens when the banker receives money or cheques for a specific purpose, such as collecting funds for a particular payment or project. The banker must use the collected money only for that stated purpose and not for general banking operations. If the banker misuses or wrongly applies the money, it can be held legally responsible. As a trustee, the banker has a higher duty of honesty and care. This status ensures customers’ funds are protected and properly handled when special instructions are given.

3. Collecting Banker as Debtor After Collection

Once the cheque is successfully collected and the amount is credited to the customer’s account, the collecting banker becomes a debtor of the customer. This means the banker owes that amount to the customer and must pay it whenever demanded through withdrawal, cheque, or transfer. From this stage, the agency relationship ends and the normal banker customer relationship begins. The bank can use the money for its business but must return it on request. This legal status gives customers the right to withdraw funds freely and makes the banker responsible for safeguarding deposited money.

4. Collecting Banker as Bailee

In some situations, the collecting banker acts as a bailee when it holds cheques, drafts, or documents temporarily for collection. A bailee is a person who receives goods or instruments for a specific purpose and must return or handle them safely. The banker must take reasonable care to protect the cheque from loss, damage, or misuse. If the cheque is lost due to banker’s negligence, the banker can be held liable. This legal position arises before the cheque is collected and credited. It ensures safety of negotiable instruments while they remain in the bank’s possession.

5. Collecting Banker as Holder for Value

When a collecting banker allows the customer to withdraw money before the cheque is actually realised, it becomes a holder for value. This means the banker has given value against the cheque by advancing funds. If the cheque later turns out to be dishonoured, the banker can recover the money from the customer. In such cases, the banker gets stronger legal rights over the instrument. This position protects the bank when it provides early credit facility. It also allows the banker to claim payment legally if any dispute arises.