Negotiable Instruments Act Section 81 — Delivery of instrument on payment or indemnity in case of loss
CHAPTER VI OF PAYMENTAND INTEREST
General
Summary
When someone is required to pay the amount owed on a promissory note, bill of exchange, or cheque, they have the right to see the original document before making the payment. After paying, they are entitled to have the document handed over to them, or if the document is lost or cannot be shown, they must be given a guarantee of protection against any future claims made on that same document. If the cheque is an electronic image of a truncated cheque, the banker who received the payment can keep that electronic image even after payment. A certificate based on a printout of that electronic image, issued by the paying banker, serves as initial proof that the payment was made.
Official Text
3[(1)] Any person liable to pay, and called upon by the holder thereof to pay, the amount due on a promissory note, bill of exchange or cheque is before payment entitled to have it shown, and is on payment entitled to have it delivered up, to him, or if the instrument is lost or cannot be produced, to be indemnified against any further claim thereon against him. 4[
(2) Where the cheque is an electronic image of a truncated cheque, even after the payment the banker who received the payment shall be entitled to retain the truncated cheque.
(3) A certificate issued on the foot of the printout of the electronic image of a truncated cheque by the banker who paid the instrument, shall be prima facie proof of such payment.]