AMARJEET SEN Vs. STATE BANK OF PATIALA

JUDGEMENT

(1.) By way of this appeal, appellant has prayed for the following reliefs:-

(2.) Brief facts necessary for the adjudication of the present appeal are that a suit for recovery was filed by respondent/State Bank of Patiala, against the present appellant. The case of the plaintiff was that the appellant/ defendant (hereinafter to be referred as 'defendant') was a customer of the plaintiff-bank and having Savings Account No.65009425738 with the plaintiff-bank. Defendant presented a cheque bearing No.940308 drawn at State Bank of India, branch Chamba by Shri Roshan Lal for the purpose of collection. Plaintiff-bank sent this cheque vide DBSC No.3247130 for collection to the concerned branch of its at Chamba on 16.06.2011. Through its branch at Chamba, the cheque was presented with the drawee bank and the same was dishonoured vide memo dated 26.06.2011 on account of reasons No.6 and 16 that " drawer's signature different" and "insufficient funds".

(3.) As per the plaintiff-bank, this fact was informed to the defendant vide registered letter dated 04.08.2011 itself. It was further the case of the plaintiff-bank that on account of clerical error and due to an inadvertent mistake, a sum of Rs.5,00,000/- was wrongly credited in the account of defendant on 30.06.2011. He withdrew the said amount from the branch of the plaintiff-bank on 02.07.2011. As per the plaintiff-bank, when the factum of said wrong entry and withdrawal of amount came to the notice of the plaintiff-bank immediately, defendant was called upon to return the said money by intimating him of the amount having been wrongly credited in his account because the amount did not belong to the defendant as proceed of his cheque was still awaited. Defendant assured the plaintiff-bank that he would return the money, however, despite intimation by the plaintiff-bank and repeated requests made, defendant did not deposit the money with the plaintiff-bank, which was public money and which did not belong to the defendant and was credited to his account due to clerical mistake. In these circumstances, after service of legal notice, suit was filed by the plaintiff-bank for recovery of Rs.5,00,000/- alongwith interest @ 18.50% per annum with monthly rests.