MINISTRY OF LAW AND JUSTICE
Dated : June 15, 2015
THE NEGOTIABLE INSTRUMENTS (AMENDMENT)
NO 6 OF 2015
Promulgated by the President in the Sixty-sixth Year of the Republic of India.
An Ordinance further to amend the Negotiable Instruments Act, 1881.
WHEREAS the Negotiable Instruments (Amendment) Bill, 2015 has been passed by the
House of the People and is pending in the Council of States;
AND WHEREAS, Parliament is not in session and the President is satisfied that
circumstances exist which render it necesary for him to take immediate action;
NOW THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the
Constitution, the President is pleased to promulgate the following Ordinance:-
1. (1) This Ordinance may be called the Negotiable Instruments (Amendment)
(2) It shall come into force at once.
of section 6.
2. In the Negotiable Instruments Act,1881 (hereinafter referred to as the principal
Act), in section 6,- (26 of 1881)
(i) in Explanation I, for clause (a), the following clause shall be substituted,
‘(a) ‘‘a cheque in the electronic form” means a cheque drawn in electronic
form by using any computer resource and signed in a secure system with
digital signature (with or without biometrics signature) and asymmetric crypto
system or with electronic signature, as the case may be;’;
(ii) after Explanation II, the following Explanation shall be inserted, namely:-
‘Explanation III. - For the purposes of this section, the expressions “asymmetric crypto system”, “computer resource”, “digital signature”,
“electronic form” and “electronic signature” shall have the same meanings
respectively assigned to them in the Information Technology Act, 2000.’. (21 of 2000)
3. In the principal Act, section 142 shall be numbered as sub-section (1) thereof and
after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:-
“(2) The offence under section 138 shall be inquired into and tried only by a
court within whose local jurisdiction,—
(a) if the cheque is delivered for collection through an account, the branch
of the bank where the payee or holder in due course, as the case may be,
maintains the account, is situated; or
(b) if the cheque is presented for payment by the payee or holder in due
course otherwise through an account, the branch of the drawee bank where the
drawer maintains the account, is situated.
Explanation. - For the purposes of clause (a), where a cheque is delivered for
collection at any branch of the bank of the payee or holder in due course, then, the
cheque shall be deemed to have been delivered to the branch of the bank in which the
payee or holder in due course, as the case may be, maintains the account.”.
4. In the principal Act, after section 142, the following section shall be inserted,
‘‘142A. (1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 or any judgment, decree, order or directions of any court, all cases
arising out of section 138 which were pending in any court, whether filed before it, or
transferred to it, before the commencement of the Negotiable Instruments
(Amendment) Ordinance, 2015 shall be transferred to the court having jurisdiction
under sub-section (2) of section 142 as if that sub-section had been in force at all
material times. (2 of 1974)
(2) Notwithstanding anything contained in sub-section (2) of section 142 or
sub-section (1), where the payee or the holder in due course, as the case may be, has
filed a complaint against the drawer of a cheque in the court having jurisdiction under
sub-section (2) of section 142 or the case has been transferred to that court under
sub-section (1), and such complaint is pending in that court, all subsequent complaints
arising out of section 138 against the same drawer shall be filed before the same court
irrespective of whether those cheques were delivered for collection or presented for
payment within the territorial jurisdiction of that court.
(3) If, on the date of the commencement of the Negotiable Instruments
(Amendment) Ordinance, 2015, more than one prosecution filed by the same payee or
holder in due course, as the case may be, against the same drawer of cheques is
pending before different courts, upon the said fact having been brought to the notice
of the court, such court shall transfer the case to the court having jurisdiction under
sub-section (2) of section 142 before which the first case was filed and is pending, as
if that sub-section had been in force at all material times.’’.
DR. MUKULITA VIJAYAWARGIYA
Additional Secretary to the Government of India.