T. N. VALLINAYAGAM, J.

( 1 ) THE suit filed for recovery of money from the bank which bank has allowed a forged cheque of the plaintiff to be honoured, was dismissed by the trial court, on the ground that the plaintiff was negligent in keeping unused cheque leaves which were stolen, and which later came to be used by forgery.

( 2 ) THE plaintiff is a customer of Syndicate Bank-defendant and he was having a savings bank account. It is alleged that a forged cheque was entertained by the defendant-bank and the amount was paid out of the plaintiffs savings bank account to a third person. Therefore, the suit was filed for recovery of that money.

( 3 ) THE defence of the bank was that the cheque which was cleared was in favour of one baridbaran Roy who was a steward at Jayamahal Palace Hotel, working under the plaintiff. The cheque was issued towards payment of his salary. The plaintiff had kept his cheque book negligently, thereby permitted the third person to misuse the same wrongly for which the defendant is not responsible. The trial court dismissed the suit, accepting the case of the defendant. It is contended that the primary responsibility of the bank in honouring the cheque af

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