Bank Draft – Meaning and Definition

A bank draft is an order from one branch to another branch of the same bank  to pay a specified sum of money to a person named therein or to his order. A draft is always payable on demand. Banks issue drafts at the request of the customers on their branches at the place of destination for remitting money from one place to another place. Any person who wants to remit money has to purchase a draft from the bank by paying the amount in advance to the bank. The purchaser of the draft then sends the draft to the payee’s place of  residence by post or courier for the purpose of encashment at the drawee branch of the bank. The bank issuing the draft charges some commission depends upon the amount of the draft. The purchaser need not be a customer  of the bank.

The bank draft is like a bill of exchange payable on demand. In case the draft is lost by a purchaser, he has to report to the issuing banker for loss of  the draft without any endorsement, the banker may safely refuse to pay the amount of the draft. The  bank should take all the precautions and payment of  the draft should be made only when the banker is fully satisfied about the valid title of the holder. The banker should take an indemnity bond and then issue a duplicate draft to the purchaser. The draft may be cancelled by the bank if it is not delivered to the payee. When a bank draft is delivered to the payee he acquires a right in the instrument, which cannot be set aside by the  ‘stop-payment’ order issued by the purchaser. The bank issuing the draft sends an advice to the drawee branch, intimating about the issue of the draft.The drawee branch after verifying the signature of the authorized officials makes the payment. However, the payment of  the draft should not be refused because of non-receipt of drawing advice.

The legal position with respect to bank drafts  are  as follows :

  1. The  relationship  of  the  purchaser  of  draft  and  the  bank  from  which  the  draft  has  been purchased is  merely that of the debtor and creditor.
  2. The  purchaser  of  the  bank  draft  can  call  upon  the  bank  from  which  he  has  purchased it to cancel the draft and pay back the money to him at any time before the draft has been delivered to the payee.
  3. If  the  sole  object  of  the  issue  of  the  draft  was  to  transit  the money  to  another    person, a  fiduciary  relationship is  created between  the  purchase  of  the  draft and  the  bank which issued it, and the purchaser of the draft can countermand payment only if  the bank has not actually parted with the money held by it as agent thus terminating the relationship of principal and agent.
  4. Ordinarily,  a  bank  issuing  a  draft  cannot  refuse  to  pay  the amount  thereof,  unless there is some doubt as to the identity of the person presenting it as being or properly representing the person in whose favour it was drawn, or in other words, unless there is reasonable ground for disputing the title of the person presenting the draft; and
  5. Once  the  draft  has  been  delivered  to  the  payee  or  his  agent,  the purchaser  is  not entitled to ask the issuing bank to stop payment of the draft to the payee on other  grounds such as matters relating to consideration.
  6. The  issuing  bank  can  after  the  issue  of  a  draft  pay  back  the amount  of  the  draft  to the purchaser of the draft only with the consent of the payee.

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