Payment in due course of crossed cheque
Section 128 of the Negotiable Instruments Act, 1881 deals with payment in due course of crossed cheque. 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 The Act came into force on 01 Mar 1882.
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.
Section 128, The Negotiable Instruments Act, 1881 (Act 26 of 1881).
Questions about Section 128
What does Section 128 of the Negotiable Instruments Act deal with?
Section 128 of the Negotiable Instruments Act is headed "Payment in due course of crossed cheque". 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
How do I find court cases under Section 128 of the Negotiable Instruments Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: NI Act 128, section 128 NI Act, section 128 of the Negotiable Instruments Act. People searching for it also type negotiable instrument act 128. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 128 of the Negotiable Instruments Act come into force?
Section 128 of the Negotiable Instruments Act, cited as NI Act 128, came into force on 01 Mar 1882, having been enacted on 09 Dec 1881. It is in force as at the date shown on this page.
Other sections of this Act
- 138. Dishonour of cheque for insufficiency, etc., of funds in the account312 words
- 142A. Validation for transfer of pending cases299 words
- 143. Power of Court to try cases summarily297 words
- 143A. Power to direct interim compensation291 words
- 142. Cognizance of offences290 words
- 141. Offences by companies287 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.