BAREILLY BANK LTD Vs. NAWAL KISHORE

JUDGEMENT

(1.) This is an appeal by the defendant who happened to be a limited Bank, namely the Bareilly Bank Limited. The plaintiff was a constituent of the Bank and he sued the Bank for the recovery of a large sum of money, to wit, Rs. 19,900/- on account of principal and Rs. 811/- on account of interest etc., totaling a sum of Rs. 20,741/-.

(2.) The plaintiffs case, in brief, was that on the 13th of September 1944, the plaintiff had deposited with the defendant-Bank a sum of Rs. 19,900/- in cash, and that the deposit was entered in the Bank's books. The plaintiff's case further was that when he deposited the sum of money with the Bank he filled in a voucher and put his signature on that and when the money was accepted by the Bank, the Bank put their acknowledgment on the voucher showing the receipt of the money. The plaintiff further stated that after he had made the deposit aforementioned, the money was credited to his current account which was entered by the Bank in their books to the credit of the plaintiff, that the plaintiff was handed over a cheque book containing 25 cheque forms, and that he acknowledged having received that cheque book by putting his signature on the printed register which was maintained by the Bank under the caption of "Cheque Issue Register". The plaintiff went on to allege that when on the 9th of February 1946 he drew a cheque bearing No. 123366 for a sum of Rs. 5900/-, the same was dishonoured by the Bank. The plaintiff says he was told by the Bank that his accounts had already been operated upon and three cheques had already been drawn on it, one for Rs. 2000/- on the 14th of March 1945, another for Rs. 8000/- on the 17th of March 1945, and a third for Rs. 9000/- on the 22nd of March 1945, with the result that there was only a balance of Rs. 4377-76 to his credit.

(3.) The plaintiff alleged that he could not possibly accept the version of the Bank in regard to the position of his current account and he, therefore, laid claim for the recovery of the money from the Bank. The Bank refused to pay, and, therefore, the plaintiff filed this suit.