VENKATARAMA AIYAR J.

This appeal arises out of a suit instituted by the respondent, which is firm of cloth merchants carrying on business among other places, at Madras, for the recovery of a sum of Rs. 5, 225-12-9 from the Bharat Bank Ltd., who are the appellants. On November 24, 1943, the respondent drew a cheque for Rs. 5, 225-12-9 on the Chartered Bank of India, Australia and China at Madras payable to their Benaras branch or bearer. The cheque was crossed and sent by ordinary post to the payee at Benaras. Exhibit P 2 is a photographic copy of the said cheque. On December 6, 1943, a person who gave out his name as Matha Prasad Gupta opened an account with the Mount Road branch of the appellants with a cash deposit of Rs. 250 and then put into his account the cheque drawn by the plaintiff on November 24, 1943, and the same was cashed by the bank in the usual course of business through the clearing house on December 7, 1943. Matha Prasad Gupta operated on this account by issuing a cheque for Rs. 200, [Exhibit P. 4 (a)] and another cheque for Rs. 2, 225 [Exhibit P. 4 (b)] both dated December 6, 1943, and drawn in favour of one Seetharam. On December 7, 1943, he drew a ch