JUDGMENT

1. These two appeals arise out of two suits brought by the Benares Bank, Limited, plaintiff-appellant, before the Munsif, Benares City, for recovery of certain sums of money. One of these suits was brought against (1) Ram Prasad, (2) Mahadeo Prasad and (3) Mahabali Prasad, the three defendants, on the allegations that defendant No. 3 had a savings bank account with the plaintiff's Bank, that there was a collusion between him and Bam Prasad the clerk in charge of the saving bank account and Mahadeo Prasad another employee of the Bank, and that though Mahabali Prasad had only Rs. 101-3-1 to his credit, not less then Rs. 800 were drawn, Rs. 200 on the 23rd February, 1924, by Mahadeo Prasad on the authority of a letter alleged to have been written by Mahabali Prasad, Rs. 200 on the 3rd January, 1924, Rs. 200 on the 25th of January, 1924, and Rs. 200 on the 13th of February, 1924, by Mahabali Prasad himself knowing that he had not enough money to his credit and that Ram Prasad the clerk in charge who was in complicity with the other two allowed the four sums to be drawn to the detriment of the plaintiff. Earn Prasad was convicted of offences under Sections 403 and 447-A of the I