Abstract

The growth of digital payments like UPI and real-time transfers has raised doubts about whether cheques and other negotiable instruments are still needed. However, in India, negotiable instruments continue to be used in many commercial, government, and credit-related transactions because they are backed by the Negotiable Instruments Act, 1881. This paper studies how the role of negotiable instruments has changed. Earlier, they were mainly used for making payments. Today, they are more commonly used as documents for deferred payment, credit, and security. The paper examines the legal features of negotiable instruments, looks at whether Section 138 (cheque dishonour) is effective in preventing misuse, and discusses recent reforms such as the 2022 Amendment and the use of Online Dispute Resolution (ODR). The paper argues that negotiable instruments will not disappear in the digital age. Instead, their future depends on working together with digital systems, especially for dispute resolution. Finally, it provides recommendations for improving laws and procedures to reduce case delays and maintain commercial trust in a system that uses both traditional and digital payment methods.

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