Chapter V - Of Presentment
Section 64
Section 64: Presentment for payment and truncated cheques
Section 64 states the general payment-presentment rule and gives a drawee bank verification rights when it receives the electronic image of a truncated cheque.
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This article is for general information. Refer to the Negotiable Instruments Act, 1881 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(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.
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.
(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.
Key rule and applicability
Notes, bills and cheques are presented for payment to the maker, acceptor and drawee respectively, by or on behalf of the holder. Failure ordinarily releases the other parties from liability to that holder. For an electronic image of a truncated cheque, reasonable suspicion about the instrument's apparent tenor permits the drawee bank to seek further information from the bank holding the original; suspected fraud, forgery, tampering or destruction permits a demand for the truncated cheque itself.
Limits and related provisions
A demand promissory note not payable at a specified place needs no presentment to charge its maker; this is not a general exemption for all instruments or parties. Registered-letter presentment requires agreement or usage. An image is not treated as conclusive proof of genuineness. A physical cheque demanded for verification must be retained by the drawee bank if payment is made accordingly.
Hypothetical business example
Hypothetical: A bank receives a cheque image with an apparent alteration. It seeks information from the bank holding the truncated cheque and, where forgery is suspected, demands the original for verification. The section supports that verification process; the image alone does not settle authenticity.
Practical decision flow
Identify the instrument, the holder and the maker, acceptor or drawee to whom payment presentment belongs.
Check the demand-note exception and any agreement or usage supporting registered-letter presentment.
For a truncated cheque, preserve the image and verification requests, and track physical-cheque custody where the drawee demands and pays it.
Practical checklist
Do
- Identify the instrument, the holder and the maker, acceptor or drawee to whom payment presentment belongs.
- Check the demand-note exception and any agreement or usage supporting registered-letter presentment.
- For a truncated cheque, preserve the image and verification requests, and track physical-cheque custody where the drawee demands and pays it.
Avoid
- A demand promissory note not payable at a specified place needs no presentment to charge its maker; this is not a general exemption for all instruments or parties. Registered-letter presentment requires agreement or usage. An image is not treated as conclusive proof of genuineness. A physical cheque demanded for verification must be retained by the drawee bank if payment is made accordingly.
Glossary
- Truncated cheque
- A cheque whose physical movement is stopped for transmission of its electronic image under the Act's definition.
- Drawee bank
- The bank on which the cheque is drawn and to which payment presentment is directed.
Frequently asked questions
Who presents an instrument for payment?
The holder, or someone acting on the holder's behalf, presents it to the relevant maker, acceptor or drawee.
Is a demand note always exempt?
No. The stated exception concerns a demand promissory note not payable at a specified place, and presentment to charge its maker.
Can the drawee demand the paper cheque after seeing an image?
Yes, where the statutory suspicion concerns fraud, forgery, tampering or destruction. If payment follows that demand, the drawee retains the cheque.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026