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1960 Supreme(Cal) 224

R.S.BACHAWAT, P.B.MUKHARJI
MANICK CHAND BAGRI – Appellant
Versus
CHARTERED BANK – Respondent


Advocates Appeared:
B.Chakraborty, B.K.Ghosh, R.C.DE, SUBIMAL C.ROY

BACHAWAT, J.

( 1 ) THIS appeal arises out of a suit instituted by the respondent Chartered Bank claiming Rs. 28904/2/- as the holder of a hundi against the respondent Dawoodayal Kothari as the drawer and the appellant Manick Chand Bagri as the alleged acceptor of the hundi. The defendants filed separate writ ten statements denying their liability. Dawoodayal Kothari did not contest the suit at the hearing. Manik Chand Bagri contested the suit but the learned trial Judge decreed the suit against both the defendants. Manik Chand Bagri has preferred this appeal from the decree Passed against him. On the 3rd February, 1950, Sadasukh Gambhirchand of Bombay drew a darshani hundi on A Bill of Exchange payable at sight for the sum of Rs. 25,000/- on Manick Chand Bagri at Calcutta. in favour of the respondent Chartered Bank. On the top of the hundi the drawer wrote the following words: "please accept the hundi according to the terms written". On the back of the hundi the following words appear in print: "pay in full Rs. 25,000/- four times of Rs. 6000/- and a quarter-half of the half thereof. " One Basdeo Chowbey a darwan in the employ of the bank presented the hundi at the Gadi of Manik C
























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