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1956 Supreme(All) 171

GURTU
FIRM KALKA PD. RAM CHARAN – Appellant
Versus
L. KUNWAR LAL THAPPER – Respondent


Advocates Appeared:
H.N.Kapur, Mohd.Hamid Husain

GURTU, J.

( 1 ) ONE Baijnath Sayal received a telegram purporting to be from L. Kunwar Lal Thapar. A request was made in that telegram that Baijnath Sayal should send Rs. 4000/- by draft to Kunwar lal Thapar c/o Messrs. Karam Chand Thapar and Brothers. L. Baijnath Sayal went to Imperial bank Delhi and purchased a draft. The draft was drawn by the Imperial Bank Delhi payable to kunwar Lal Thapar by the Imperial Bank Kanpur. The draft was duly posted and it was taken delivery of not by Kunwar Lal Thapar but by another person, Inder Raj sethi. Either Inder Raj sethi or some other person took the draft to firm Kalka Prasad Ram Charan. That person had a letter of introduction to. the firm from Baijnath and Co. That person said that he wished to buy certain goods from firm Kalka Prasad Ram Charan. He endorsed the draft as kunwarlal Thapar and handed it over to firm Kalka Prasad Ram Charan. They in their turn made an endorsement in blank in favour of the Bharat Bank. This draft was entered in a pay-in slip by firm Kalka Prasad Ram Charan in which two other items were entered and the draft along with the pay-in slip was sent to the Bharat Bank. The Bharat Bank presented the draft for payme










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