PRANENDA MOHAN DAS Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) This suit has been filed by the plaintiff on 13th Sept. 1969 against the defendant Bank for a decree for Rs. 13,701/-, being the amount according to the plaintiff wrongfully and illegally debited in the Savings Account No. 266 maintained by the plaintiff with the defendant in its College Street Branch, decree for Rs. 5,000/- and damages and other consequential reliefs.

(2.) The plaintiff's case is that the plaintiff at all material times had and still has a savings deposit account bearing No. S/B A/c No. 266 with the defendant at its College Street Branch, "at No. 1, Bidhan Sarani. According to the plaintiff, on 10th June 1966 the plaintiff had a balance of Rs. 27,025.55 in the said account to the credit of the plaintiff. On 18th June 1966 and 11th August 1966 the plaintiff withdrew from the said account a sum of Rs. 2,943.50 and Rs. 3,225/- respectively aggregating Rs. 6,168.50 leaving a credit balance of Rs. 20,860.50 in the said account. On 2nd Feb. 1968 the plaintiff issued a bearer cheque for Rs. 19,000/_ upon the defendant bank, but although according to the plaintiff he had sufficient fund, the defendant bank wrongfully and illegally dishonoured the said cheque with the endorsement "full cover not received". Thereafter on 5-2-1968 the plaintiff again issued another bearer cheque for Rs. 7,900/- upon the defendant bank for encashment and the defendant bank wrongfully and illegally dishonoured the said cheque with the endorsement "bearer's signature differs from the specimen record" and "payment stopped by drawer". At this the plaintiff was very much surprised as according to him he had sufficient fund in his account. Moreover he had never instructed the defendant bank to stop any 'cheque for payment. On 26th Feb. 1968 the plaintiff came to know from the defendant bank upon enquiries that the plaintiff has been debited in his said account on 8th December 1967 with a sum of Rs. 13,701/- alleged to have been paid against a cheque bearing No. CSC/H. S. O47261 alleged to have been issued by the plaintiff in favour of one Soumen Kumar Chatterjee. According to the plaintiff the said cheque was never drawn by him and it was a forged cheque and the defendant bank has failed and/or neglected to exercise due and/or normal and/or reasonable care or attention at the time of encashing the same which was incumbent on the defendant. The plaintiff has also made out a case of connivance and/or conspiracy between the defendant bank and/or its servants and agents in para. 9 of the plaint. The plaintiff has also made out a case of loss and use of the said sum of Rupeos 13,701/-. As a result according to the plaintiff he has suffered damage which he assessed at Rs. 5,000/-.

(3.) The defendant bank filed its written statement in which the defendant has stated that in the beginning of Dec. 1967 the plaintiff addressed a letter to the defendant intimating that the cheque book as well as the bank pass book issued to the plaintiff were missing. The plaintiff requested the bank to take necessary steps so that the lost cheques would not be misused and also requested the bank to supply a fresh cheque book and a pass book to the plaintiff. The said letter was brought to the bank by a man named Jitendra Mohan Das who gave out his identification as the brother of the plaintiff. In the letter itself the signature of the said jitendra Mohan Das appears to be attested by the plaintiff himself. Inasmuch as it was a case of missing cheque book the bank requested the bearer of the said letter to send the plaintiff to receive the cheque book whereupon the plaintiff called at the said bank and upon duly signing the requisition slip before the officers of the said bank obtained a fresh cheque book containing cheques Nos. CSC/RSP 47261 to O47270. The plaintiff also signed at the back of the requisition form as a token of the receipt of the cheque book whereupon the said cheque book was duly issued in the usual course of the business to the plaintiff himself.