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Union of India - Section

Section 2 in The Negotiable Instruments (Amendment And Miscellaneous Provisions) Act, 2002

2. Substitution of new section for section 6.- For section 6 of the Negotiable Instruments Act, 1881 (26 of 1881 ) (hereinafter in this Chapter referred to as the principal Act), the following section shall be substituted, namely:-' 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 which contains the exact mirror image of a paper cheque, and is generated, written and signed in a secure system ensuring the minimum safety standards with the use of digital signature (with or without biometrics signature) and asymmetric crypto system;

(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, substitu ing 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.'.