Section 7: Drawer, drawee

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881

Legal Commentary & Landmark Judgments: Section 7

Section 7 defines key statutory actors in negotiable instruments jurisprudence: Drawer, Drawee, Drawee in case of need, Acceptor, Acceptor for honour, and Payee.

  • Drawer & Drawee: The 'drawer' is the person who makes the bill or cheque; the 'drawee' is the person directed to pay.
  • Acceptor & Acceptor for Honour: The drawee becomes an 'acceptor' by signing upon the bill; a third party may accept 'for honour' of the drawer or any indorser to preserve credit.
  • Payee: The person named in the instrument to whom or to whose order the money is directed to be paid by the drawer.
Key Landmark Precedents:
  • P.J. Agro Tech Ltd. v. Water Base Ltd. (2010) 12 SCC 146: The Supreme Court held that Section 138 applies exclusively to the 'drawer' on whose account the cheque is drawn; a third party guaranteeing the debt cannot be prosecuted as drawer.
  • K.S. Subbarayudu v. State of A.P.: Reaffirmed that the identity of the payee must be definite and ascertainable on the face of the negotiable paper to confer legitimate holder rights.
Courtroom Practice & Strategic Litigation Guidance:

In corporate litigation, verifying the exact legal persona of the drawer is vital. If a cheque is signed by a director on a company account, the company is the drawer; initiating Section 138 proceedings without arraigning the company as prime accused is fatal under Section 141.