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Report No. 11

94. Contents of protest.-

A protest under section 93 must contain-

(a) either the instrument itself, or a literal transcript of the instrument and of everything written or printed thereupon;

(b) the name of the person for whom and against whom the instrument has been protested;

(c) a statement that payment or acceptance, or better security, as the case may be, has been demanded of such person by the notary; the terms of his answer, if any, or a statement that he gave no answer or that he could not be found;

(d) when the note or bill has been dishonoured, the place and time of dishonour, and, when better security has been refused, the place and time of refusal;

(e) the subscription of the notary making the protest;

(f) in the event of an acceptance for honour or of a payment for honour, the name of the person by whom, or the person for whom, and the manner in which, such acceptance or payment was offered and effected.

Explanation.-A notary may make the demand mentioned in clause (c) of this section either in person or by his clerk, or, where authorised by agreement or usage, by registered letter.

[Section 1011

Negotiable Instruments Act, 1881 Back

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