Bankers Cheque (Pay order) and Demand Draft- A comparison

C

urrency is something of a value generally used as a medium of exchange for goods and service. Cash, for example, is currency in the form of bills issued by a government of Respective country and generally accepted at its face value as a method of payment.  

 

For ease of commercial transactions the currency is supplemented with other forms of instruments like cheques and drafts to cater to the specific payment needs. In India the statutory basis for these instruments are provided in the Negotiable Instruments Act, 1881 (NI Act).

 

The advent of new age digital technology coupled with the adoption of core banking solutions (CBS), automation of  branches, and introduction of electronic funds transfer system like NEFT IMPS and RTGS for quick movement of funds have almost obviated the traditional mode of cheques and drafts system for transfer of funds/money. But, there are still certain instances where you might require to do fund transfer through traditional mode like pay order or demand draft.


In many situations, like payments to utility service providers, educational institution fees, certain transactions like real-estate dealings, industrial/commercial purchases, etc., or in instances where the parties are unknown to each other and lack trust, Bankers cheque or Demand Draft are a common norm to guarantee the payments even today. 


Many of us have some confusion between pay order and demand draft, as the purpose of the same and  which one to use and when.


In this post,  we will try to get a general idea on a two relative instrument’s :- “Bankers Cheque” a.k.a Pay Order and “Demand Draft”.

 

 

Banker's Cheque (also known as “Pay Order”)

 

 

Demand draft

Used for the transfer of money locally/ within the same city.

Used for the transfer of money locally or to another the city/outside the country as requested by the customer.

In a Banker’s Cheque, the person who requires the bank to issue the check pays to the bank the amount of money for which the check is to be issued either in cash or from his bank account. Upon remittance the Bank writes a cheque in favour of a specific person or entity to whom the applicant is required to pay certain amount.

In a demand draft, a bank issues a demand draft to a customer in which another bank or another branch of the same bank is asked to pay a certain sum to the specified party. Since it is a pre paid instrument Demand Draft is issued against payment or debited from the account of the customer requesting the draft.

 

Payment instrument which is used for payment within the same city. Cleared in any branch of the Bank in the same city.

 

A financial instrument which is used to transfer money by an individual from one city to another person in a different city.

Issuing Bank and clearance bank will be the same.

Issuing Bank and clearance bank will be the same.

Unlike normal Cheque, Banker’s Cheque is issued by the bank on behalf of the client

Issued by the bank in favour of the client to transfer money to different cities. 

Non- negotiable instrument

Negotiable instrument

Prepaid instrument, i.e. Issued against advancement payment

Prepaid instrument, i.e. Issued against advancement payment

Validity period of the two instruments is 3 months (can be revalidated subject to some formalities) 

Validation period of the two instruments is 3 months, (can be revalidated subject to some formalities)

No risk of getting the payment dishonored or bounced because it is issued against payment and bank always pays on presentation of the instrument. 

No risk of getting the payment dishonored or bounced because it is issued against payment and bank always pays on presentation of the instrument. 

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 THE POSITIVE PAY MECHANISM


A Brief look into “the Positive Pay”  Mechanism for clearing (personal) cheques

 

I

n order to check banking fraud and tampering of cheque leaves,  Reserve Bank of India (RBI) had announced introduction of Positive Pay System for Cheque to be implemented from January 01, 2021. The concept of Positive Pay involves a process of reconfirming key details of large value cheques, i.e. for all cheques of value Rs. 50,000 and above.

Under this process, the issuer of the cheque submits electronically, through channels like SMS, mobile app, internet banking, ATM, etc., certain minimum details of that cheque (like date, name of the beneficiary / payee, amount, etc.) to the drawee bank, details of which are cross checked with the presented cheque by CTS. Any discrepancy is flagged by CTS to the drawee bank and presenting bank, who would take redressal measures.

 

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Disclaimer: The Information provided on this blog does not, and is not intended to, constitute legal advice. All information, content, and material available on this blog are for general information purpose only. The Information on this blog may not represent the most up to date legal or other information.

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