Sections 4, 5 and 6
These provisions define promissory notes, bills of exchange and cheques. Section 6 is particularly relevant to the meaning of a cheque.
Sections 8 and 9
These explain “holder” and “holder in due course”, concepts that may affect entitlement to enforce an instrument.
Section 20
This concerns inchoate stamped instruments. It should not be misread as a universal rule resolving every dispute about a blank cheque.
Section 87
This addresses material alteration, subject to the provision and its exceptions.
Sections 118 and 139
These contain important presumptions relating to negotiable instruments and cheques. Their operation and rebuttal have been explained by courts.
Sections 138 to 142
These cover the cheque-dishonour offence, presumptions, certain excluded defences, company-related liability, cognizance and complaint requirements.
Sections 142A, 143 and 144
These address jurisdiction-related matters, summary trial and service of summons.
Sections 145 and 146
These deal with evidence by affidavit and the evidentiary treatment of a bank slip or memo, subject to the statute.
Sections 147 and 148
These concern compounding of offences and deposit during certain appeals against conviction.
Section 143A
This permits interim compensation in specified circumstances; it is not an automatic payment order in every complaint.
Always check the current official statutory text and applicable amendments before relying on a section in court.
PROFESSIONAL INFORMATION
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