ANUPAMA STATIONERY SUPPLIES Vs. VISHNUVARDHANA ENTERPRISES

JUDGEMENT

(1.) This is a revision by the plaintiff against the judgment and decree dated March 9, 1984, passed by the VIII Additional Judge, Court of Small Causes, Bangalore City, in S. C. No. 2372 of 1982 dismissing the same.

(2.) The plaintiff filed a suit against the defendants alleging that he had issued a crossed cheque "account payee only" bearing No. 110329 for Rs. 2,641 in favour of defendant No. 1. Defendant No. 2 in that suit is the plaintiff's banker. The aforesaid cheque was drawn on defendant No. 2 alone with special instructions to pay it only to the account of the account payee. Defendant No. 1 in whose favour he had drawn the cheque, later on informed him that he had not received the payment under the cheque in question and he had not received the cheque. The plaintiff after enquiry came to know that the cheque which was issued No 3 who endorsed it to the plaintiff's banker, defendant No.2, Karnataka Bank. The karnataka Bank on account of the endorsement made by defendant No. 3 sent the money to defendant No 3 and debited that amount to the account of the plaintiff. The plaintiff has been put to loss. Hence, the suit to recover the money.

(3.) The defendants resisted the suit.