SUDESH PRABHAKAR VOLVOIKAR Vs. GOPAL BABOO SAVOIKAR

JUDGEMENT

(1.) ADMIT. To be heard forthwith by consent.

(2.) THE defendant files this appeal. The suit is for recovery of money from the appellant.

(3.) THE plaintiffs case is that he was employed as a Manager of Cine Metropole at Margao under the Management of M/s. Hira Film Exhibitors. The defendant/appellant was working as a booking-clerk in the said theatre. The plaintiff/respondent was in overall charge of the staff and the day to day collection made out of the sale of tickets, which was deposited in the company bank, namely, United Commercial Bank at Margao. The appellant was entrusted with the duty of taking the cash to the bank for the purpose of depositing and, thereafter, return the pass-book to the respondent showing the deposit. On 19-10-1993 the respondent was entrusted a sum of Rs. 9,067. 35 with the bank pass-book for the purpose of depositing in the bank. When the appellant went to remit the money into the bank, two door-keepers also accompanied him as security. The appellant failed to return the pass-book till about 2. 00 p. m. When the respondent inquired from him the appellant started to give evasive answers. The respondent then went to the bank and inquired but came to know that it was not deposited. On returning to the office the respondent found that the appellant had disappeared from the office. It was further revealed that the door-keeper was absconding with the money and a criminal case was charged against him. He pleaded guilty and was convicted.