P.MOIDEEN KUTTY Vs. CATHOLIC SYRIAN BANK LTD

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and decree passed by the First Appellate Court in A.S.No.37 of 1999 dated 02.04.2001 in reversing the Judgment and Decree passed by the trial Court made in O.S.No.165 of 1997 dated 29.07.1999 in dismissing the suit.

(2.) THE Appellant herein was the defendant and the respondent herein was the plaintiff before the trial Court. For convenience, the rank of parties before the trial court are being maintained infra.

(3.) THE case of the defendant as stated in the written statement would be as follows: The defendant admits that he is having a Savings Bank A/c No.128/79 with the plaintiff Bank. The defendant is an illiterate and signs in Malayalam. Therefore, the defendant used to get the cheque leaf filled up by the bank staff on the counter. The plaintiff bank is called upon to produce the cheque leaves tendered by the defendant prior to 25.03.1995 and after 25.03.95 is absolutely false and vehemently denied by the defendant. On that date, the defendant went to the payment counter and presented a blank cheque leaf signed by him and requested the person in charge of the payment counter to fill the cheque for Rs.2,500.00 and pay the amount to him. The said amount of Rs.2,500.00 was paid to him in five notes of Rs.500.00 denomination. The pass book which was also presented along with the cheque leaf was returned to the defendant with an entry of Rs.2,500.00. After that, several transactions by way of deposits and withdrawals took place in the account. On 16.07.1996, after lapse of 15 months, the defendant received a letter from the plaintiff stating that his account was overdrawn to an extent of Rs.22,500.00. The defendant had neither requested for an overdraft nor was there any arrangement with the Bank for such overdraft facility. A similar letter was again received by the defendant on 03.12.1996. The defendant is not liable to pay any interest on the alleged amount of Rs.22,287.85. The plaintiff Bank is estopped from making a false claim since their own ledgers and pass book disprove their claim. Hence, the suit may be dismissed with exemplary costs.