ચેક ના કેટલા પ્રકાર છે તેવું ક્યાં જજમેન્ટ માં આપેલું છે ?

9. In the present case, the drawee is bank as the cheques were drawn by mentioning ‘Yourself’. As per clause (b) to proviso of Section 138 of the Act, the demand for the payment or dishonour of cheque was to be made either by payee or the ‘holder in due course’ of the cheque. As per submissions made by learned counsel for the petitioner, complainant respondent No.1 was neither the payee nor the ‘holder in due course’ of the cheques in dispute as the cheques were not issued in favour of the complainant. It is also the argument of learned counsel for the petitioner that the provisions of Sections 118 and 139 of the Act are not applicable as the complainant is neither ‘payee’ nor the ‘holder in due course’ and dishonour of cheques in such situation does not amount to penal offence under Section 138 of the Act. The stand of respondent No.1 is that since the cheques in dispute were accompanied by RTGS forms with a clearcut instruction to transfer the amount of cheques in dispute in the account of respondent No.1, therefore, the provisions of Section 138 of the Act are attracted. Learned counsel for respondent No.1 has also brought to the notice of this Court the photocopies of the cheques, which shows that there was a clear cut instruction on the back side of the cheque that the amount was to be transferred to the account of respondent No.1. The name of the transferee was clearly mentioned on cheque. As per procedure adopted by the Bank, different type of cheques are issued by adopting different methods, which is reproduced as under:-

Open cheque or bearer cheque: The issuer of the cheque would just fill the name of the person to whom the cheque is issued, writes the amount and attaches his signature and nothing else. This type of issuing a cheque is also called bearer type cheque also known as open cheque or uncrossed cheque. The cheque is negotiable from the date of issue to three months. The issued cheque turns stale after the completion of three months. It has to be revalidated before presenting to the bank.

A crossed cheque or an account payee cheque: It is written in the same as that of bearer cheque but issuer specifically specifies it as account payee on the left hand top corner or simply crosses it twice with two paralled lines on the right hand top corner. The bearer of the cheque presenting it to the bank should have an account in the branch to which the written sum is deposited. It is safest type of cheques.

A self Cheque: A self cheque is written by the account holder as pay self to receive the money in the physical form from the brach where he holds his account.

Pay yourself cheque: The account holder issues this type of crossed cheque to the bank asking the bank to deduct money from his account into bank’s own account for the purpose of buying banking products like drafts, pay orders, fixed deposit receipts or for depositing money into other accounts held by him like recurring deposits and loan accounts.

Post dated cheque: (PDC): A PDC is a form of a crossed or account payee bearer cheque but post dated to meet the said financial obligation at a future date.

Various types of ceques based on their functionality:

Local cheque: A local cheque is a type of cheque which is valid in the given city and a given branch in which the issuer has an account and to which it is connected. The producer of the cheque in whose name it is issued can directly go to the designted bank and receive the money in the physical form. If a given city’s local cheque is presented elsewhere it shall attract some fixed banking charges. Although these type of cheques are still prevalent, especially with nationalised banks. It is slowly stated to be removed with at par cheque type.

At par cheque: With the computerisation and networking of bank branches with its headquarters, a variation to the local cheque has become common place in the name of at par cheque. At par cheuq is a cheque which is accepted at par at all its branches across the country. Unlike local cheque it can be presented across the country without attracting additional banking charges.

Banker’s cheque. It is a kind of cheque issued by the bank itself connected to its own funds. It is a kind of assurance given by the issuer to the client to alley your fears. The personal account connected cheques may bounce for want of funds in his account. To avoid such hurdles, sometimes, the receiver seeks banker’s cheque.

Travelers’ cheque: They are a kind of an open type bearer cheque issued by the bank which can be used by the user for withdrawal of money while touring. It is equivalent to carrying cash but in a safe form without fear of losing it.

Gift cheque: This is another banking instrument introduced for gifting money to the loved ones instead of hard cash.