M SEKAR Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) Since common issues are involved, both the writ petitions were heard together and disposed of by a common order.

(2.) The petitioner was working as a Clerk at Peraiyur Branch of Canara Bank since 09.09.1998. Earlier, he was working at Town Hall Road, Madurai Branch between 11.09.1995 to 19.08.1998. When he was so working at Madurai Branch, one M/s.R.K.Trading Corporation held current account (No.1496) in the said Bank. Two cheque leaves bearing Nos.514348 and 514349 had been issued by the Bank to the account holder as against the said account No.1496 (For easy reference current account) Both the cheques were issued by the account holder to M/s.Viswam Auto Spares on 31.03.1997 for Rs.30,000/- and Rs.20,000/- respectively. The cheques were presented and the same came to the Madurai Branch for collection. But on 03.06.1997 itself, the account holder had given 'Stop payment' order. The same was entered in the said account. Since stop payment order was in force, both the cheques were returned as dishonoured on 02.04.1997.

(3.) Subsequently, on 12.06.1997, the said current account was closed by the account holder and one O.C.C account was opened. The balance of the amount remained in the current account, as per request of the account holder, was duly transferred to the O.C.C account. However, the stop payment in respect of the above two cheques was not carried out in the O.C.C account.