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Which description fits a "cheque in the electronic form" under Explanation I to section 6 of the Negotiable Instruments Act, 1881?

Question and options

Which description fits a "cheque in the electronic form" under Explanation I to section 6 of the Negotiable Instruments Act, 1881?

  1. A payment order sent through a bank's mobile application and confirmed with a PIN

  2. A paper cheque whose scanned copy the drawer sends to the payee by email

  3. A paper cheque whose image is captured and sent on by the bank during the clearing cycle

  4. A cheque drawn on a computer resource and digitally signed in a secure system

Answer and explanation

Correct answer: D - A cheque drawn on a computer resource and digitally signed in a secure system

Explanation I(a) to section 6 of the Negotiable Instruments Act, 1881 defines a cheque in the electronic form as one drawn in electronic form using any computer resource and signed in a secure system with a digital signature and asymmetric crypto system, or with an electronic signature. A paper cheque imaged during clearing is a "truncated cheque" under Explanation I(b), and an app payment order or emailed scan is not a cheque at all.

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