Venkatarama Ayyar, J.-

This appeal arises out of a suit instituted by the respondent, which is a 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 24th November, 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 Benares branch or bearer. The cheque was crossed and sent by oridinary post to the payee at Benares. Exhibit P-2 is a photographic copy of the said cheque. On 6th December, 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 24th November, 1943 and the same was cashed by the bank in the usual course of business through the clearing house on 7th December, 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 6th December, 1943 and drawn in favour of one Seetharam. On 7th December, 1943, he drew a cheque fo

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