Section 44A:

44A. Presentment of cheque for payment by electronic means (1) A banker may present a cheque for payment to the banker on whom it is drawn by transmitting the image and the essential features of the cheque by electronic means or by any other means as may be specified by the Bank of Mauritius instead of by presenting the cheque itself. (2) Where a cheque is presented for payment under this section, presentment need not be made at the proper place or within a reasonable hour on the business day. (3) Notwithstanding subsection (1), where, at any time before payment is made, the banker on whom the cheque is drawn requests the banker by whom the cheque was presented to present the cheque itself— (a) the presentment under this section shall be disregarded; and (b) this section shall not apply in relation to the subsequent presentment of the cheque. (4) A request under subsection (3) for the presentment of a cheque shall not constitute dishonour of the cheque by non-payment. (5) Where presentment of a cheque is made under this section, the banker who presented the cheque and the banker on whom it is drawn shall be subject to the same duties in relation to the collection and payment of the cheque as if the cheque itself had been presented for payment. (5A) (a) Where a cheque presented for payment under this section is dishonoured by non-payment, the presenting banker shall issue to the holder an image return document. (b) Subject to paragraph (d), an image return document may be presented for payment to the presenting banker by the holder, as if that document were the cheque to which it relates. (c) An image return document shall be considered to be the cheque to which it relates for the purpose of paragraph (b) and shall be admissible as evidence in any legal proceedings. (d) An image return document may only be presented for payment by the holder under paragraph (b) where— (i) the presenting banker states in that document that it is valid for presentment; and (ii) the presentment is made within the period stated in that document. (e) Where the presenting banker states in the image return document that it is not valid for presentment, the holder may request the drawer of the cheque relating to the document to issue another cheque of the same tenor, and the drawer of the cheque shall forthwith comply with the request. [Issue 4] B7 – 16 Revised Laws of Mauritius (f) Where an image return document is lost— (i) the holder may apply to the presenting banker for another image return document; and (ii) the presenting banker shall provide the holder with another image return document and cancel the previous image return document. (g) An image return document shall contain the following particulars— (i) the presenting banker’s name and logo; (ii) the image of the cheque which has been dishonoured; (iii) the essential features of the cheque; (iv) the reason for the dishonouring of the cheque; (v) the conditions for presentment, including the period within which the presentment has to be made; and (vi) the signature of a person who is authorised to issue the document on behalf of the presenting banker. (h) The presentment of an image return document to the drawer or an endorser shall be considered to be a sufficient notice of the dishonouring of the cheque. (i) In this subsection— “holder” means the person to whom an image return document is issued; “presenting banker” means the banker to whom the cheque was first presented. (6) Where a notice of dishono he presentment has to be made; and (vi) the signature of a person who is authorised to issue the document on behalf of the presenting banker. (h) The presentment of an image return document to the drawer or an endorser shall be considered to be a sufficient notice of the dishonouring of the cheque. (i) In this subsection— “holder” means the person to whom an image return document is issued; “presenting banker” means the banker to whom the cheque was first presented. (6) Where a notice of dishonour is given by electronic means the sender is deemed to have given notice of dishonour unless the person due to receive it establishes that such notice was not received by him. (6A) (a) Every banker shall provide the Bank of Mauritius with the image of every cheque presented for payment at the bank’s premises, for it to be stored electronically in a central archive owned and operated by the Bank of Mauritius. (b) The electronic data, display, printout or other output generated by a computer system from the electronic image of a cheque stored in the central archive by or on behalf of a banker shall be admissible as evidence in any legal proceedings. (7) For the purposes of this section— (a) the image of a cheque shall comprise the front view and the back view of the cheque; (b) the essential features of a cheque shall include— (i) the serial number of the cheque; (ii) the date on which the cheque was drawn; B7 – 17 [Issue 4] Bills of Exchange Act (iii) the code which identifies the banker on whom the cheque is drawn; (iv) the account number of the drawer of the cheque; (v) the amount of the cheque as entered by the drawer of the cheque; (vi) the signature of the drawer and endorser; and (vii) any particulars which may be given in the form of letters or figures or any other code which, as between bankers, represents those particulars. [S. 44A inserted by s. 103 (1) (b) of Act 35 of 2004 w.e.f. 10 November 2004; amended by s. 5 of Act 17 of 2007 w.e.f. 22 August 2007; s. 5 of Act 38 of 2011 w.e.f. 15 December 2011.]