Negotiable Instruments Act Section 64 — Presentment for payment
CHAPTER IV OF NEGOTIATION
General
Summary
Promissory notes, bills of exchange, and cheques must be shown for payment to the person who is supposed to pay them—the maker, acceptor, or drawee—by the person holding the instrument. If this is not done, the other people involved in the instrument are not required to pay the holder. If the parties agree or it is the usual practice, sending the instrument by registered post is considered a valid way to present it. However, if a promissory note is payable on demand and does not specify a place for payment, it does not need to be presented to hold the maker responsible. When an electronic image of a truncated cheque is presented, the drawee bank can ask the bank holding the truncated cheque for more details if it reasonably suspects the instrument is not genuine, and if it suspects fraud, forgery, tampering, or destruction, it can also ask for the actual truncated cheque to verify it; if payment is then made, the bank keeps that cheque.
Official Text
3[(1)] Promissory notes, bills of exchange and cheques must be presented for payment to the maker, acceptor or drawee thereof respectively, by or on behalf of the holder as hereinafter provided. In default of such presentment, the other parties thereto are not liable thereon to such holder. 1[Where authorized by agreement or usage, a presentment through the post office by means of a registered letter is sufficient.] Exception.—Where a promissory note is payable on demand and is not payable at a specified place, no presentment is necessary in order to charge the maker thereof. 4[
(2) Notwithstanding anything contained in section 6, where an electronic image of a truncated cheque is presented for payment, the drawee bank is entitled to demand any further information regarding the truncated cheque from the bank holding the truncated cheque in case of any reasonable suspicion about the genuineness of the apparent tenor of instrument, and if the suspicion is that of any fraud, forgery, tampering or destruction of the instrument, it is entitled to further demand the presentment of the truncated cheque itself for verification:
Provided that the truncated cheque so demanded by the drawee bank shall be retained by it, if the payment is made accordingly.]