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Bills of Exchange Act, 1964 (Act No. 34 of 1964)

Chapter I

Discharge of bill

61. Discharge by cancellation of bill, and discharge of party by cancellation of his signature

 

(1) If a bill is intentionally cancelled by the holder or his agent, and the cancellation is apparent thereon, the bill is discharged.

 

(2)

(a) Any party liable on a bill may be discharged by the intentional cancellation of his signature by the holder or his agent.
(b) If a signature is so cancelled any indorser who would have had a right of recourse against the party whose signature is cancelled is also discharged.

 

(3) A cancellation made unintentionally or under a mistake or without the authority of the holder, is inoperative: Provided that if a bill or any signature thereon appears to have been cancelled, the burden of proof lies on the party who alleges that the cancellation was made unintentionally or under a mistake or without authority.