NIA 89 — Payment of instrument on which alteration is not apparent

Negotiable Instruments Act, 1881

Statutory text

[(1)] Where a promissory note,
bill  of  exchange  or  cheque  has  been  materially  altered  but  does  not  appear  to  have  been  so  altered, or
where a cheque is presented for payment which does not at the time of presentation appear to be crossed
or to have had a crossing which has been obliterated, payment thereof by a person or banker liable to pay,
and paying the same according to the apparent tenor thereof at the time of payment and otherwise in due
course,  shall  discharge  such  person  or  banker  from  all  liability  thereon;  and  such  payment  shall  not  be questioned by reason of the instrument having been altered or the cheque crossed.

[(2) Where the cheque is an electronic image of a truncated cheque, any difference in apparent tenor
of such electronic image and the truncated cheque shall be a material alteration and it shall be the duty of
the bank  or  the  clearing  house,  as  the  case  may  be, to  ensure  the  exactness  of  the  apparent  tenor  of electronic image of the truncated cheque while truncating and transmitting the image.

(3) Any bank or a clearing house which receives a transmitted electronic image of a truncated cheque,
shall verify from the party who transmitted the image to it, that the image so transmitted to it and received by it, is exactly the same.]

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