Singapore legislation

Section 90

of Bills of Exchange Act 1949

Section 90

Image return document

(1)

Where a cheque presented for payment in accordance with section 89(1) is dishonoured by non-payment, the banker to whom the cheque was first presented by the holder (referred to in this section as the presenting banker) shall, unless the presenting banker returns the cheque itself or the holder requests the return of the cheque itself, issue to the holder an image return document.

(2)

Subject to subsection (4), an image return document may be presented for payment to the presenting banker by the holder to whom the image return document was issued as if that document were the cheque to which it relates.

(3)

An image return document shall be deemed to be the cheque to which it relates for the purpose of presentment under subsection (2).

(4)

An image return document may be presented under subsection (2) for payment by the holder only if —

(a)

the presenting banker states in that document that it is valid for presentment; and

(b)

the presentment is made within the period for the presentment stated in that document.

(5)

Where an image return document has been lost before the expiry of the period for its presentment stated therein, the person who was the holder of the document may apply to the drawer of the cheque to which the document relates, and the drawer may be compelled, to give him another cheque of the same tenor, subject to him giving security to indemnify the drawer (if required) against all claims arising in case the document alleged to have been lost is found again.

(6)

In this section, “image return document” means a document issued by a presenting banker containing such particulars as may be prescribed by the Authority under section 91.