Section 131: Non-liability of banker receiving payment of cheque

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881
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Legal Commentary & Landmark Judgments: Section 131

Section 131 confers statutory protection on collecting bankers, enacting that a banker who in good faith and without negligence receives payment for a customer of a crossed cheque shall not incur liability to the true owner by reason only of having received such payment.

  • Acting as Agent for Customer: The bank must receive payment strictly for a bona fide customer maintaining an account; collecting for a stranger forfeits protection.
  • Requirement of Prior Crossing: The cheque must have been crossed generally or specially before coming into the bank's hands.
  • Absence of Negligence Test: The bank must exercise strict standard banking diligence, including verifying customer identity, KYC compliance, and investigating suspicious indorsements.
Key Landmark Precedents:
  • Indian Overseas Bank v. Industrial Chain Concern (1990) 1 SCC 484: The Supreme Court examined Section 131, ruling that failure of a collecting bank to verify introduction or observe standard opening procedures constitutes negligence, forfeiting Section 131 immunity.
  • Kerala State Co-operative Marketing Federation v. State Bank of India (2004) 2 SCC 425: The Supreme Court authoritatively laid down the principles governing collecting banker liability, holding that opening an account without proper KYC and immediately crediting huge crossed cheques is negligence under Section 131.
Courtroom Practice & Strategic Litigation Guidance:

In cheque conversion litigation where an employee opened a fraudulent account and diverted company cheques, sue the collecting bank under Section 131. If the bank opened the account without strict KYC verification or accepted cheques drawn in a corporate name into a personal account, the bank is guilty of negligence and must pay the full amount.