Parties not consenting discharged by qualified or limited acceptance
Chapter 7: Of discharge from liability on notes, bills and cheques
If the holder of a bill of exchange acquiesces in a qualified acceptance, or one limited to part of the sum mentioned in the bill, or which substitutes a different place or time for payment, or which, where the drawees are not partners, is not signed by all the drawees, all previous parties whose consent is not obtained to such acceptance are discharged as against the holder and those claiming under him, unless on notice given by the holder they assent to such acceptance.
Explanation.— An acceptance is qualified (a) where it is conditional, declaring the payment to be dependent on the happening of an event therein stated;
(b) where it undertakes the payment of part only of the sum ordered to be paid;
(c) where no place of payment being specified on the order, it undertakes the payment at a specified place, and not otherwise or elsewhere; or where, a place of payment being specified in the order, it undertakes the payment at some other place and not otherwise or elsewhere;
(d) where it undertakes the payment at a time other than that at which under the order it would be legally due.
The Negotiable Instruments Act, 1881 (Act No. 26 of 1881). From the updated text on India Code, with later amendments. Being checked against the official copy; amendment notes are not shown yet.
Related sections
- 84When cheque not duly presented and drawer damaged thereby
- 85Cheque payable to order
- 85ADrafts drawn by one branch of a bank on another payable to order
- 87Effect of material alteration
- 88Acceptor or indorser bound notwithstanding previous alteration
- 89Payment of instrument on which alteration is not apparent