Section 88 - Acceptor or indorser bound notwithstanding previous alteration, Section 89 - Payment of instrument on which alteration is not apparent : Negotiable Instruments Act 1881

What is the meaning of Acceptor or indorser bound notwithstanding previous alteration? What is Payment of instrument on which alteration is not apparent? Acceptor or indorser bound notwithstanding previous alteration and Payment of instrument on which alteration is not apparent are defined under Section 88 and 89 of Negotiable Instruments Act 1881

 

 

Section 88 of Negotiable Instruments Act 1881: "Payment of instrument on which alteration is not apparent"

An acceptor or indorser of a negotiable instrument is bound by his acceptance or indorsement notwithstanding any previous alteration of the instrument.

 

Section 89 of Negotiable Instruments Act 1881: "Payment of instrument on which alteration is not apparent"

(1) Where a promissory note, bill of exchange or cheque has been materially altered but does not appear to have been so altered, or where a cheque is presented for payment which does not at the time of presentation appear to be crossed or to have had a crossing which has been obliterated, payment thereof by a person or banker liable to pay, and paying the same according to the apparent tenor thereof at the time of payment and otherwise in due course, shall discharge such person or banker from all liability thereon; and such payment shall not be questioned by reason of the instrument having been altered or the cheque crossed.

(2) Where the cheque is an electronic image of a truncated cheque, any difference in apparent tenor of such electronic image and the truncated cheque shall be a material alteration and it shall be the duty of the bank or the clearing house, as the case may be, to ensure the exactness of the apparent tenor of electronic image of the truncated cheque while truncating and transmitting the image.

(3) Any bank or a clearing house which receives a transmitted electronic image of a truncated cheque, shall verify from the party who transmitted the image to it, that the image so transmitted to it and received by it, is exactly the same.