Cheque and Draft Differences
A cheque and a demand draft are two common financial instruments used in the banking system for transferring money. Both serve as means of payment but differ in their nature, mode of issue, and degree of security. Understanding their distinctions is important for banking operations, commerce, and examinations in business and finance studies.
Definition and Basic Concept
A cheque is a negotiable instrument drawn by an account holder (drawer) on a specific bank, instructing it to pay a certain sum of money to the person named (payee) or to the bearer of the cheque. It is defined under Section 6 of the Negotiable Instruments Act, 1881.
A demand draft (DD), on the other hand, is a pre-paid negotiable instrument issued by a bank, directing another branch of the same bank (or another bank) to pay a specified sum to the payee. It is a form of banker’s cheque and is defined under Section 85A of the Negotiable Instruments Act, 1881.
Key Differences Between Cheque and Demand Draft
| Basis of Difference | Cheque | Demand Draft |
|---|---|---|
| Drawer | Drawn by an account holder (customer). | Drawn by a bank itself. |
| Payment Guarantee | Payment may be dishonoured due to insufficient funds or other reasons. | Payment is guaranteed as the amount is prepaid by the purchaser. |
| Who Can Issue | Only account holders can issue cheques. | Can be purchased by anyone, account holder or not. |
| Mode of Payment | Payable on demand. | Payable on demand, but only after being issued by the bank. |
| Parties Involved | Three: Drawer, Drawee (Bank), and Payee. | Two: Issuing Bank and Payee. |
| Dishonour Possibility | Can be dishonoured for lack of funds, mismatched signatures, or stop-payment instructions. | Cannot be dishonoured as payment is made in advance. |
| Bank Account Requirement | Requires a bank account. | Can be obtained even without holding a bank account. |
| Purpose | Commonly used for personal or business payments. | Commonly used for secure transactions like college fees, tender deposits, and official payments. |
| Transferability | Can be crossed or bearer; easily transferable if not crossed. | Always a crossed instrument; not transferable. |
| Risk of Fraud | Higher risk of fraud and alteration. | Very low risk due to bank control and pre-verification. |
| Issuance | Issued by the drawer himself. | Issued by a bank on request of a customer. |
| Charges | Generally no charges are levied for issuing a cheque. | Banks charge a commission for issuing a demand draft. |
| Stop Payment Facility | Drawer can issue a stop payment order before encashment. | No stop payment order possible once issued. |
| Validity Period | Normally valid for three months from the date of issue. | Also valid for three months from the date of issue. |
| Example | A cheque written by an individual to pay rent or utility bills. | A demand draft issued for payment of university admission fees. |
Features of a Cheque
- Negotiable Instrument: Freely transferable by endorsement or delivery (unless crossed).
- Drawn on a Bank: Payable on demand from the account of the drawer.
- Revocable: Payment can be stopped before clearance.
- Personal Instrument: Depends on the credibility of the drawer.
Features of a Demand Draft
- Banker’s Instrument: Drawn and signed by a bank official, ensuring authenticity.
- Prepaid Instrument: Amount is collected in advance, reducing the risk of dishonour.
- Non-Negotiable: Usually payable to a specific person or organisation.
- Safe and Secure: Minimises the possibility of loss or fraud during transfer.
Legal and Operational Aspects
Both cheques and drafts fall under the provisions of the Negotiable Instruments Act, 1881, which governs the rights, liabilities, and protections of the parties involved. The dishonour of a cheque can lead to criminal liability under Section 138 of the Act, but such provisions do not apply to drafts since their payment cannot be refused.
Cheques can be either open (payable over the counter) or crossed (payable only through a bank account), while demand drafts are generally crossed by default to ensure safe transfer through banking channels.
Advantages and Disadvantages
Advantages of Cheque:
- Convenient and easy to use.
- No need to carry cash.
- Offers flexibility for payments and post-dated transactions.
Disadvantages of Cheque:
- Risk of dishonour.
- Time-consuming clearance.
- Susceptible to forgery or alteration.
Advantages of Demand Draft:
- High security and payment assurance.
- Useful for outstation transactions.
- Accepted widely for institutional and official purposes.
Disadvantages of Demand Draft:
- Involves service charges.
- Cannot be countermanded or altered once issued.
- Requires visiting a bank for purchase.
Practical Usage and Importance
Cheques are primarily used for routine transactions, such as salary payments, bill settlements, and personal transfers. They are preferred in local transactions where both parties maintain banking relations.
Demand drafts, however, are extensively used where trust and distance are factors—such as in educational payments, government fees, or transactions between parties in different cities. They are also favoured in formal and official dealings requiring assured payment.
BEEGAM NIZA A
January 11, 2013 at 10:46 pmIs dd should taken from the same bank?
is there is any time period for sanctioning this dd?