Delivery of instrument: payer entitled to production or indemnity; truncated cheque image retention and certificate as proof of payment. A person liable to pay a promissory note, bill of exchange or cheque is entitled before payment to have it shown and on payment to have it delivered; if the instrument is lost or cannot be produced the payer may be indemnified against further claims. For truncated cheques, the banker who received payment may retain the truncated cheque and a certificate on the printout of the electronic image by the paying banker is prima facie proof of payment.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Delivery of instrument: payer entitled to production or indemnity; truncated cheque image retention and certificate as proof of payment.
A person liable to pay a promissory note, bill of exchange or cheque is entitled before payment to have it shown and on payment to have it delivered; if the instrument is lost or cannot be produced the payer may be indemnified against further claims. For truncated cheques, the banker who received payment may retain the truncated cheque and a certificate on the printout of the electronic image by the paying banker is prima facie proof of payment.
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