PUNJAB NATIONAL BANK Vs. MUNISH MONGA & ORS

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code Civil Procedure,1908(CPC) is filed by the appellant/plaintiff-Bank impugning the Judgment of the Trial Court dated 24.5.2014 by which the trial court has dismissed the suit for recovery of Rs. 5,70,751/- with interest filed by the appellant/plaintiff bank.

(2.) The cause of action as pleaded in the suit plaint was that the respondent nos. 1 and 2/defendant nos. 1 and 2(respondent no. 1 now being represented by his legal heirs) opened a joint saving fund account No. 19897 on 21.1993 at the Rani Bagh, Delhi, branch of the appellant/plaintiff/Bank. This account was operated by respondent nos. 1 and 2/defendant nos. 1 and 2, however, on the inspection of the branch in March, 1998 it was found that this account was used for illegal activities whereby credit was given in the account without any instrument on the basis of which credits were to be given and credits were given by merely clearing vouchers and debiting the amount to the Imprest Clearing Account of the plaintiff bank. This fraud was played upon the appellant/bank from 11.1996 to 10.7.1997 as detailed in paragraphs 5 to 11 of the plaint resulting in illegal siphoning away of an amount of Rs. 3,75,000/- by the defendant nos. 1 to 3. Defendant nos. 1 and 2 were assisted by the defendant no. 3/respondent no. 3, who was the employee of the appellant-Bank posted at the Rani Bagh branch.

(3.) Suit was contested by the defendants and they denied any wrong doing. Suit was prayed to be dismissed.