NIA 131 — Non-liability of banker receiving payment of cheque

Negotiable Instruments Act, 1881

Statutory text

A banker who has in good faith and
without negligence received payment for a customer of a cheque crossed generally or specially to himself
shall  not,  in  case  the  title  to  the  cheque  proves  defective,  incur  any  liability  to  the  true  owner  of  the cheque by reason only of having received such payment.

[Explanation

[(I)].— A  banker  receives  payment  of  a  crossed  cheque  for  a  customer  within  the
meaning  of  this  section  notwithstanding  that  he  credits  his  customer’s  account  with  the  amount  of  the cheque before receiving payment thereof.]

2. Explanation re-numbered as Explanation I thereof by Act 55 of 2002, s. 6 (w.e.f. 6-2-2003).

[Explanation II.—It shall  be  the  duty  of  the  banker  who  receives  payment  based  on  an  electronic
image  of  a  truncated  cheque  held  with  him,  to  verify  the prima  facie genuineness  of the  cheque  to  be
truncated and any fraud, forgery or tampering apparent on the face of the instrument that can be verified with due diligence and ordinary care.]

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