NIA 6 — “Cheque”

Negotiable Instruments Act, 1881

Statutory text

[6. “Cheque”.—A “cheque” is a bill of exchange drawn on a specified banker and not expressed to
be payable  otherwise  than  on  demand  and  it  includes  the  electronic  image  of  a  truncated  cheque  and  a cheque in the electronic form.
Explanation I.—For the purposes of this section, the expressions—

[(a) “a  cheque  in  the  electronic  form” means  a  cheque  drawn in  electronic  form  by  using  any
computer  resource  and  signed  in  a  secure  system  with  digital  signature  (with  or  without  biometrics
signature) and asymmetric crypto system or with electronic signature, as the case may be;]
(b) “a truncated cheque” means a cheque  which  is  truncated  during  the  course  of  a  clearing  cycle,
either  by  the  clearing  house  or  by  the  bank  whether  paying  or  receiving  payment,  immediately  on
generation  of  an  electronic  image  for  transmission,  substituting  the  further  physical  movement of  the cheque in writing.
Explanation II.— For the purposes of this section, the expression “clearing house” means the clearing
house managed by the Reserve Bank of India or a clearing house recognised as such by the Reserve Bank of India.]

[Explanation III.—For  the  purposes  of  this  section,  the  expressions “asymmetric  crypto  system”,
“computer resource”, “digital signature”, “electronic form” and “electronic signature” shall have the same meanings respectively assigned to them in the Information Technology Act, 2000(21 of 2000).]

Back to NIA