MONORANJAN MALLICK
BABULAL – Appellant
Versus
STATE BANK OF BIKANER – Respondent
( 1 ) THE plaintiff has filed this suit against the State Bank of India Bikaner and Jaipur, Brabourne Road Branch for recovery of Rs. 5,716. 60p and for interim and further interest under the following circumstances.
( 2 ) THE plaintiff carries on the business under name and style of H. B. Transport Co. at 72/73, Old China Bazar Street, Calcutta as the sole proprietor of the said business and has opened and maintained a current account with the defendant bank at its Brabourne Road Branch at 4, Synagogue Street, Calcutta and used to operate the said account by drawing cheque duly signed by the plaintiff under the seal of the said H. B. Transport Co. On or about 14th Aug. 1978 the plaintiff found to his utter surprise that one cheque bearing serial number 998385 was missing from the cheque book of the plaintiff kept in his custody and upon enquiry it was found out that a sum of Rs. 5,000/- was drawn on the 12th Aug. 1978 from the said account by virtue of that cheque. Upon further enquiry it was also found that the said cheque was self drawn and the signature of the plaintiff was forged thereon. The defendant passed the said cheque for payment for a sum of Rs.
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