85Duties of banker as to crossed cheques

#### 85 Duties of banker as to crossed cheques (1) Where a cheque is crossed specially to more than one banker (except when crossed to an agent for collection, being a banker) the banker on whom it is drawn shall refuse payment thereof. (2) Where a banker on whom a cheque is drawn: (a) if the cheque is crossed specially to more than one banker (except when crossed to an agent for collection, being a banker), pays the cheque; or (b) if the cheque is crossed generally, pays it otherwise than to a banker; or (c) if the cheque is crossed specially, pays it otherwise than to the banker to whom it is crossed or his or her agent for collection, being a banker; such banker is liable to the true owner of the cheque for any loss he or she may sustain owing to the cheque having been so paid. (3) Provided that where a cheque is presented for payment which does not at the time of presentment appear: (a) to be crossed; or (b) to have had a crossing which has been obliterated; or (c) to have a crossing which has been added to or altered otherwise than as authorized by this Act; the banker paying or receiving payment of the cheque in good faith and without negligence shall not be responsible or incur any liability, nor shall the payment be questioned by reason of the cheque having been crossed, or of the crossing having been obliterated or having been added to or altered otherwise than as authorized by this Act, and of payment having been made otherwise than to a banker or to the banker to whom the cheque is or was crossed, or to his or her agent for collection, being a banker, as the case may be.