BANK OF BARODA Vs. NARESH ASWANI

JUDGEMENT

(1.) This first appeal is preferred under Section 96 (I) of the Code of Civil Procedure, 1908 against judgment/ decree dated 23.07.2002 passed by District Judge, Raipur, (C.G.) in Civil Suit No. 14-B/1999 wherein the said court decreed the suit of the respondent for recovery of Rs. 65,000/- with interest.

(2.) The respondent/plaintiff is having cloth business at Pandri, Raipur. One saving bank account bearing No. 438 has opened in the appellant bank by the respondent and from that account Rs. 65,000/- was withdrawn on 25.05.1987 by Suresh Wadhwani who was worker in the respondent office, misused his position and on the basis of forged signature of the respondent withdrew the said amount. Signature of the respondent was not tallied by the bank authorities and negligently paid Rs. 65,000/- to the above mentioned Suresh Wadhwani.

(3.) Learned counsel for the appellant submits that as per evidence of Goutam Chand Baid, DW-1, it is established that there being no proof of forgery, the amount was delivered against the cheque, therefore, finding of the trial court is perverse.