Section 6: Cheque defined

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Banking Instrument
Negotiable Instrument
Magistrate / Civil Court
Act 1881
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 6

Section 6 defines a 'cheque' as a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand, expressly including electronic cheques and cheques in electronic form.

  • Banker as Exclusive Drawee: A cheque is always drawn on a specified bank maintaining the drawer's account; an order drawn on an individual or corporate treasury is not a cheque.
  • Always Payable on Demand: Must be payable on demand; post-dated cheques become valid cheques under Section 6 only on the date written on their face.
  • Electronic & Truncated Cheques: Includes digital images of truncated cheques and digitally signed electronic cheques, governing modern CTS (Cheque Truncation System) clearances.
Key Landmark Precedents:
  • Dalmia Cement (Bharat) Ltd. v. Galaxy Traders (2001) 6 SCC 463: The Supreme Court emphasized that the statutory definition under Section 6 must be interpreted to facilitate modern commerce and prevent fraudulent drawers from evading banking liabilities.
  • Aparna A. Shah v. Sheth Developers (2013) 8 SCC 71: Held that a cheque drawn on a joint account attracts penal liability under Section 138 only against the actual signatory/drawer, not non-signatory joint account holders.
Courtroom Practice & Strategic Litigation Guidance:

Post-dated cheques (PDCs) are legally treated as bills of exchange until the date inscribed, at which point they crystallize into cheques payable on demand. In commercial contracts, always record the cheque number, bank, and branch in the agreement schedule to prevent identity denial during trial.