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1960 Supreme(Ker) 86

M.S.MENON, T.K.JOSEPH
Nedungadi Bank Ltd. – Appellant
Versus
Central Bank of India Ltd. – Respondent


Judgment :-

1. The plaintiff, the Nedungadi Bank Ltd., Kozhikode, issued two cheques, Nos. 355875 and 355896, on the Central Bank of India Ltd., Barabazar Branch, Calcutta. According to the counterfoil of cheque No. 355875 (Ext. A-3) the date of that cheque should be 24-10-1949, the payee, the Anglo Swiss Watch Company, and the amount covered Rs. 82-8-0. According to the counterfoil of cheque No 355896 (Ext. A-4) the date of that cheque should be 10-11-1949, the payee, New Standard Watch Company, and the amount covered, Rs. 165-0-0.

2. Cheque No. 355875 when presented at the office of the Central Bank of India Ltd., Barabazar Branch, Calcutta on 3-11-1949 bore the date 29-10-1949. The payee mentioned in the cheque was Amulya Ratan Saha Ray, and the amount, Rs.1,765-0-0. Cheque No. 455896 when presented at the office of the Central Bank of India Ltd., Barabazar Branch, Calcutta, on 17-11-1949 bore the date 14-11-1949. The payee mentioned in the cheque was Radheshyam Agarwalla, and the amount,

Rs. 3,897-0-0. The cheques were duly honoured and the Central Bank of India Ltd., Barabazar Branch, Calcutta, debited the amounts in the current account of the plaintiff with that branch. The pla

















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