KANSHI RAM Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) In the amended plaint it is alleged that in the year 1966 the plaintiff opened with the branch of defendant at Bara Hindu Rao, Delhi, Saving Bank Account bearing No. 5131 with an initial deposit of Rs. 3,000.00 and he had been operating that bank account. The plaintiff is an illiterate man and can only sign in Hindi. He deposited with the said branch a sum of Rs. 5,05,000.00 on 26th August, 1967. Amount of Rs.5,300.00 was deposited on 20th September 1967. After withdrawing sum of Rs.500.00 in October 1967 the plaintiff approached the said branch for withdrawal of money again but he was told by the clerk sitting at the counter that the amount intended to be withdrawn was not standing to his credit in the account. On getting suspicious the plaintiff got the said account checked and then it was revealed that although the above amount of Rs. 5,05,000.00 was credited in the pass book but said amount of Rs. 5300.00 was not credited therein. It was further revealed that after withdrawal of Rs.500.00 in October 1967 the balance shown in the pass book erroneously noted as Rs.4822.90. Accordingly, the plaintiff approached the said branch of the defendant and told that the entries made in the pass book may be rectified. He also got a notice dated 23rd November 1977 served on the defendant. In response to that notice said branch of the defendant sent a letter No. 4903 dated 29th November 1977 asking the plaintiff to come to office with . all relevant documents. The plaintiff alongwith his counsel visited the said branch on 10th December 1977 and showed all the documents to the concerned official. He was told that matter will be examined and he will be intimated in due course.

(2.) It is further alleged that two officials from the said branch approached the plaintiff on 24th February 1978 and they took away from him the original pay-in-slip for Rs.5300.00 and photostat copy of pay-in-slip in regard to deposit of Rs.5,05,000.00. On 28th February 1978 the plaintiff deputed Ramesh Chand to inform the bank about the handing over of the original pay-in-slip of Rs.5300.00. Thereafter the plaintiff sent a letter dated 8th March 1978 by registered Ad cover to the Assistant General Manager(Instructions & Control Division) Punjab National Bank, Parliament Street, New Delhi which was received in his office on 9th March 1978. In reply thereto the plaintiff received a letter dated 18th March 1978. It is claimed that the contents thereof are absolutely false. Instead of settling the claim the said branch of the defendant by its letter dated 1st May 1978 further informed the plaintiff that an FIR has been lodged on 19th December 1977 at PS Sadar Bazar. The plaintiff once again sent a notice by registered post to the defendant on 6th May 1978 and in reply thereto the defendant sent a communication dated 31st May 1978 repudiating the claim of plaintiff. It is claimed that the defendant is liable to pay amount of Rs.5,09,822.90 standing in credit in the said account together with interest @ 12% p.a. upto September 1978, .amounting to .Rs.6,70,296.00, total amount being Rs. 11,80,118.90. It was prayed that a decree for this amount alongwith pendente lite and future interest @ 12% P.a. be passed in favour of the plaintiff and against defendant.

(3.) In the written statement filed to the amended plaint, by way of preliminary objections, it is alleged that according to the own admissions of plaintiff made in paras 6, 7 and 20 of the plaint the cause of action is alleged to have arisen in 1967 whereas the suit had been instituted nearly 12 years thereafter and same is thus liable to be dismissed on that count. On merits, it is not denied that the plaintiff opened a saving bank account with Bara Hindu Rao branch of the defendant in 1966. However, it is denied that a sum of Rs.5,05,000.00 was deposited in that account by the plaintiff on 26th August 1967. Total receipts of the said branch on 26th August 1967 were Rs.46,083.95 and the total closing cash for the day was Rs.2,36,815.20. It is, however, admitted that on 20th September 1967 the plaintiff deposited Rs.5300.00 in the said account. It is alleged that the plaintiff has manipulated the entry dated 20th September 1967 by altering the date to 26th August 1967 and the amount from Rs.5300.00to Rs. 5,05,000/- in the pass book. He also manipulated the figure in the pay-in-slip from Rs. 5300.00 to Rs.5,05,000.00 by taking advantage of the gap between the initials of the checking officer and the entry. Receipt of the letter dated 23rd November 1977 and also the notice dated 23rd November 1977 are not denied. However, it is stated that the counsel of plaintiff visited the said branch of defendant on 10th December 1977 and showed only the pass book. He was told that the allegations made in the said notice are baseless. It is further pleaded that names of the two officials who are alleged to have approached the plaintiff on behalf of the defendant, have not been disclosed. It is denied that any of the two pay-in-slips were taken away by any official of the bank as alleged. It is stated that the present suit has been filed to stall the enquiry which has been initiated by CBI on the report lodged by hank. Liability to pay the amount of Rs.5,05,022.90 with interest @ 12% p.a. is emphatically denied. On the pleadings of the parties the following issues were framed:-