GERALD C S LOBO Vs. CANARA BANK

JUDGEMENT

(1.) This is an appeal by the plaintiff in O.S. 346/72 on the file of the Munsiff, Mangalore and is directed against the divergent decrees of the Courts-below in that the trial Court decreeing the plaintiff's suit and the Civil Judge on appeal reversing the said decree.

(2.) The suit was for recovering a sum of Rs. 2350/- with costs etc. The claim was made against one of the branches of the defendant Canara Bank, at Mangalore where admittedly the plaintiff had a S.B. Account bearing No. 201 which account was in existence for quite some time. (Parties will be referred to as plaintiff and defendant).

(3.) It is common ground that plaintiff credited to the defendant-bank a cheque for Rs. 3003-50-on 20-2-1968 for realisation and ultimately for crediting to his account. That was an outstation cheque drawn on a Bank at Bangalore and consequently it was in due course sent by defendant-Bank to one of its branches in Ganohinagar, Bangalore for collection. It is again common ground that the Gandhinagar Branch of the Canara Bank at Bangalore realised the cheque amount on 24 2-68 and sent the requisite advice to the defendant on the very same day. but due to intervening public holidays the advice reached defendant-bank on 29-2-1968. The bank made an entry on 24/29-2 68 in its bocks pertaining to the realisation of the cheque in question.