A cheque is a negotiable instrument governed
by the provisions in the Negotiable Instrument Act. It is an unconditional
order, drawn on a specified banker, signed by the drawer, directing the banker,
to pay on demand, a certain sum of money only to or to the order of a certain person
or to the bearer of the instrument.
Under Section 6 of the Negotiable Instruments
Act, 1881, a cheque is defined as a “bill of exchange drawn on a specified
banker and not expressed to be payable otherwise than on demand.” To understand
this definition, it is necessary to know the definition of a bill of exchange.
According to Section 5 of the Indian
Negotiable Instruments Act, 1881: “A bill of exchange is an instrument in
writing containing an unconditional order, signed by the maker, directing a
certain person to pay a certain sum of money only to or to the order of a certain
person or to the bearer of the instrument.”
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