Suriyadi Halim Omar JCA:

[1] This appeal was heard by this panel and was unanimously dismissed with costs.

[2] The plaintiff company (hereinafter referred to as the appellant), is a private company incorporated in Malaysia under the Companies Act and at the material time was a customer of the respondent. The respondent is and was at all material times a banker, carrying on its business at a branch office in Melaka. The appellant had an account at the said branch with the respondent. Between the period of 27 November 1993 until 3 October 1995, the respondent paid out various sums of money in respect of various cheques amounting to RM414,024.70 payable to the bearer, and had debited the account belonging to the appellant. 68 pieces of cheques (P3-P70) were involved altogether. The appellant alleged that it did not draw those cheques or authorise the drawing of those cheques and thereafter through its solicitors claimed that abovementioned sum from the respondent.

[3] At the commencement of the trial the appellant withdrew its claim in regard to cheque number 757318 dated 27 November 1993 for the sum of RM3,000 conceding that the claim for that sum to be time barred. Therefore th