MOHAPATKA, J.

( 1 ) THIS is a plaintiff's Second Appeal against the judgment and decree dated 8-111950 of Sri A. R. Guru, Additional District Judge of Cuttack, dismissing the plaintiff's suit after reversing the judgment and decree dated 31-3-1949 of Sri B. K. Misra, Munsif of Kendrapara. The appeal arises out of a suit for recovery of Rs. 3141/710/- on the allegation that defendant No. 1 being the purchasing agent under the Government of Orissa and defendant No. 2, the agent of defendant No, 1, the plaintiff supplied 971 maunds of paddy in three instalments in the months of October and November, 1948, to defendant No. 2 acting as agent of defendant no. 1, the value of the paddy being Rs. 4005767 -. Defendant No. 2 made a cash payment of Rs. 1005/6/- towards the aforesaid value of the paddy supplied by the plaintiff and for the remaining amount of Rs. 3000/- defendant No. 2 drew three cheques on 20-11-1948 to be drawn from the deposit account of defendant No, 1 in the Darjeeling Bank Ltd. (defendant No. 3) and to be presented at the Branch. Office of the Bank at Kendrapara. The plaintiff further alleges that the cheques were presented on 22-11-1946, but the Manager of the Bank def