NIA 86 — Parties not consenting discharged by qualified or limited acceptance

Negotiable Instruments Act, 1881

Statutory text

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;

3. S. 85 re-numbered as sub-section (1) thereof by Act 17 of 1934, s. 2.

(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.

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