GADDAM VENKATARAJU Vs. ANDHRA BANK NATIONALISED HYDERABAD

JUDGEMENT

(1.) The appellant is the first defendant in the suit. The appellant sold tobacco to the second respondent/second defendant and towards the value of the said tobacco, the appellant was given a cheque dated 2-11-1987 (Ex. A.1) for an amount of Rs. 9,000.00 by the second respondent. The cheque was drawn on the first respondent-plaintiff-Bank's branch at Guntur. On receipt of the cheque, the appellant presented the same to the first respondent-Bank's branch at Kovvur with whom the appellant had an account. The first respondent-Bank discounted the cheque and paid an amount of Rs. 5,000.00 to the appellant and the balance amount of Rs. 3,975.00 was credited to the Saving Bank account of the appellant maintained with the plaintiff-Bank.

(2.) The cheque (Ex. A-1) was an account payee cheque. When the first respondent sent the cheque to the drawee bank i.e., Andhra Bank branch at Guntur, the same was returned with an objection memo stating that the drawer exceeded the arrangement with the bank and hence the suit.

(3.) The suit was decreed against both the defendants i.e., the appellant and the second respondent herein to pay an amount of Rs. 15,415-50 ps. with future interest at 6% per annum, from the date of the institution of the suit till the date of the realisation and costs.