33.
| (1) A banker may instead of presenting the cheque itself for payment, present a cheque by electronic means for payment to the banker on whom it is drawn, by transmitting an image thereof along with the stipulated electronic payment information of the cheque. |
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| (2) In making the electronic presentment of a cheque under subsection (1) a banker may act in whole or in part through a third party service provider, including another banker of the clearing house, and such service provider is deemed to be an agent for the banker. |
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| (3) Notwithstanding anything contained in subsection (1), and subject to the provisions of subsection (5), the banker on whom a cheque is drawn and to whom electronic presentment was made, may request the presenting banker to present the cheque itself for payment thereof. |
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| (4) Where either an electronic presentment under subsection (1) was precluded or wholly failed, or a valid request under subsection (3) is made, the presentment under subsection (1) shall be disregarded, and the provisions of this section shall not apply to the subsequent presentment of the cheque itself. For the subsequent presentment of the cheque to be considered as having been timely made, the presenting banker is deemed to have received the cheque in order to present it for payment at the time he either received the request under subsection (3), or should have known that the electronic presentment was precluded or had wholly failed, as the case may be. |
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| (5) A request under subsection (3) can be validly made, only -
| | (a) before payment is made ; and | | |
| | (b) where the electronic presentment has failed or did not enable the banker on whom the cheque is drawn to conclude with adequate certainty that in honouring the cheque he is complying with the instructions of his customer who is stated as being the drawer of the cheque ; and | | |
| | (c) where the banker on whom the cheque is drawn has reasonable grounds to believe that there is a greater likelihood that he could arrive at such conclusion on the basis of the presentment of the cheque itself, | | |
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| (6) A valid request under subsection (3) for the presentment of the cheque itself shall not be deemed to be a dishonoring of the cheque by non-payment. |
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| (7) For the avoidance of doubt it is stated that, any payment made upon presentment in accordance with subsection (1) by the transmission of an image and electronic payment information of the cheque, shall not be considered to have been made outside the ordinary course of business, in bad faith or negligently. |
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| (8) For the purposes of this section -
| | (a) the image of a cheque shall comprise the front view and the back view of the cheque ; and | | |
| | (b) the electronic payment information of a cheque shall comprise -
| | | (i) the serial number of the cheque ; |
| (ii) the code which identifies the banker on whom the cheque is drawn ; |
| (iii) the account number of the drawer of the cheque ; |
| (iv) the amount for which the cheque is drawn, as entered by the drawer of the cheque ; and |
| (v) any other matter as may from time to time be prescribed by regulation. |
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Sri Lanka Consolidated Acts