( 1 ) THIS suit by the plaintiff M/s. P. Roy Company for the recovery of Rs. 62,708 has been instituted in the following circumstances. The plaintiff, a registered partnership firm and of which Shri Premjus Roy is a partner (now dead) dealt in purchase and sale of shares. The plaintiff had overdraft accounts Nos. 6664 and 6665 and a current account with the Punjab National Bank, Paharganj Branch, New Delhi. The plaintiff had overdraft facilities in the account No. 6664 to the tune of Rs. 52,000 and in the second account No. 6665 to the extent of Rs. 48,000. The account No. 6664 was mainly operated upon by Premjus Roy. Defendant No. 2 Ram Awtar Aggarwal was an accountant in the plaintiff firm and he had worked with the plaintiff from about 1968 till early April 1972. The case of the plaintiff is that in April 1972, defendant No. 2 went on leave and in early May 1972 he wrote to the plaintiff that he would not rejoin the service and this created suspicion in their mind and on checking the records, they found cheque books and pass-books etc. missing and they obtained from the bank duplicate pass books and on checking the accounts they found that Rs. 57,249. 55 had