SURAJ NARAIN Vs. HARI RAM

JUDGEMENT

(1.) This is a revision by the defendant in a suit for recovery of money.

(2.) The plaintiff Hari Ram received a draft from one of his customers for a sum of Rs. 500/- dated 30-7-1951 drawn on the Punjab National Bank Bikaner and as he had no account with the Bank he approached the defendant Suraj Narain. Suraj Narain carried on joint family business in the name of Anand Roop Nainsukh Das at Bikaner. The plaintiff's case is that he went to the defendant and requested him to have the draft encashed through the defendant's bank as the defendant had an account in the bank, and the defendant agreed to do so and to pay the money to the plaintiff on encashment of the draft. It was alleged that the plaintiff endorsed the draft and handed over the draft to the defendant on 3-8-1951, and the draft was encashed on 6-8-1951 by the Pareek Commercial Bank, City Branch, Bikaner, to whom the draft was endorsed by the defendant. It was alleged that the plaintiff demanded the amount of the draft from the defendant whereupon the defendant gave a cheque of Rs. 500/- on 69-1951 to the plaintiff on the Pareek Commercial Bank City Branch, but the same was dishonoured on presentation as the bank had suspended payment. The plaintiff claimed Rs. 500/- from the defendant. The defendant pleaded that he was only a partner in the firm of Anand Roop Nainsukh Das and not the Karta of the joint family firm of that name. The incident or the circumstances under which the draft was made over to the defendant were stated to be slightly different than what the plaintiff had alleged. It was said that the plaintiff came with the draft and intimated that he had no account in any bank but that the defendant who had such account in the Pareek Commercial Bank may accept the draft and get it encashed for the plaintiff. The defendant thereupon said that the cheque book for withdrawal of any money from the Pareek Commercial Bank. Bikaner bad been sent to Calcutta and the money could only be withdrawn from the said bank after a month unless the bank agreed to issue loose blank cheques in the meanwhile. The defendant did not show any inclination to take on the responsibility of encashing the draft through his bank but the plaintiff further informed the defendant that he had no immediate necessity for the money and the amount of the draft may remain in deposit with the Pareek Commercial Bank and he would later on obtain the payment from the said bank. It was pleaded that it was on the aforesaid conditions that the draft was accepted by the defendant and sent to the Pareek Commercial Bank after proper endorsement for encashment by the Punjab National Bank. It was admitted that the amount of the money was received by the Pareek Commercial Bank from the Punjab National Bank and deposited in the account of the defendant. The defendant, however, pleaded that he came to know of this deposit in his account on 13-8-1951 from the plaintiff's servant and the defendant agreed to issue a cheque for the amount on receiving blank loose cheques from the bank next day. The defendant tried to obtain such blank loose cheques from the bank but his efforts were not successful and in the meanwhile the bank suspended payment on 22-8-1951. The defendant pleaded that he had only issued the cheque for Rs. 500/- to the plaintiff on 4-9-1951 so that the plaintiff may take such action as he thought fit against the Pareek Commercial Bank and the defendant was not at all liable to repay the amount. The defendant pleaded that he was only a trustee for the amount and having given the pay order to the plaintiff had no further responsibility in the matter.

(3.) The learned Munsif after evidence dismissed the suit. In his opinion the defendant was unable to obtain money from the Pareek Commercial Bank prior to 22-8-1951, and therefore it could not be said that he had obtained the money of the draft for which he could be made liable to pay to the plaintiff. He also held that as the bank had suspended payment on 22-8-1951, the subsequent issue of cheque by the defendant was without consideration.