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2005 MarsdenLR 2240 ; 2005 MarsdenLR 1

ZALEHA ZAHARI
PUBLIC BANK BHD – Appellant
Versus
ANUAR HONG & ONG – Respondent


Advocates:
For the defendant/appellant - Cik Vilasini; M/s Allen & Gledhill
For the plaintiff/respondent - Elni Azura; M/s Anuar Hong & ong

JUDGMENT

Zaleha Zahari J:

The appellant in this case carries out banking business. It has a branch at Damasara Utama. The respondent was a customer of the appellant having the following two current accounts ie,:

(a) Account No. 30792918-25 (hereinafter referred as " the office account " ); and

(b) Account No. 30792985-36 (hereinafter referred to as " the client 's account " ).

By writ of summons filed on 4 November 1997 the respondent claimed that between the period of February to May 1997 the appellant had wrongfully allowed the encashment of 8 cheques from its office account amounting to RM4,000 and another 26 cheques from its client 's account amounting to RM15,000 the details of which are as follows:

A. The office Account

Date Cheque No. Amount

1. 4 February 1997 987099 RM500

2. 3 May 1997 987056 RM500

3. 5 May 1997 987055 RM500

4. 12 May 1997 987062 RM500

5. 17 May 1997 987063 RM700

6. 19 May 1997 987064 RM500

7. 23 May 1997 987065 RM400

8. 26 May 1997 987068 RM400

------------

Total RM4,000

=======

B. The Client 's Account

Date Cheque No. Amount

1. 18 February 1997 987048 RM 600

2. 27 February 1997 987005 RM 500

3. 4 February 1997 987006 RM 400

4. 10 March 1997 987007 RM 500

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