1. Plaintiff is the appellant. Plaintiff is the Bank of Koothattukulam, a firm represented by its Managing Proprietor. The first defendant issued a cheque for Rs. 3,700/- on 8.10.1947 in favour of the second defendant to be drawn on the Moovattupuzha branch of the Palai Central Bank Limited on 14.10.1947. The second defendant endorsed the cheque on 8.10.1947 itself in favour of the plaintiff-bank and received Rs. 3,700/-. When the cheque was sent by the plaintiff-bank to the Moovattupuzha branch of the Palai Central Bank Limited it was returned dishonoured on the ground that the first defendant had countermanded payment. It is alleged that the first defendant countermanded payment after knowing that the plaintiff-bank had paid the amount to the second defendant. The suit is for the amount paid by the plaintiff-bank with interest at 12 per cent per annum.

2. Both the defendants contested the suit. The first defendant contended that he issued the cheque in favour of the second defendant on 4.10.1947 and not on 8.10.1947, that it was a post-dated cheque bearing the date 14.10.1947, that the second defendant made him understand that he had purchased a lorry for which he had