Delhi High Court
Kanshi Ram vs Punjab National Bank on 2 August, 2000
Author: K.S. Gupta
Bench: K.S. Gupta
ORDER K.S. Gupta, J.
1. In the amended plaint it is alleged that in the year 1966 the plaintiff opened with the branch of defendant at Bara Hindu Rao, Delhi, Saving Bank Account bearing No.5131 with an initial deposit of Rs.3,000/- and he had been operating that bank account. The plaintiff is an illiterate man and can only sign in Hindi. He deposited with the said branch a sum of Rs.5,05,000/- on 26th August 1967. Amount of Rs.5,300/- was deposited on 20th September 1967. After withdrawing sum of Rs.500/- in October 1967 the plaintiff approached the said branch for withdrawal of money again but he was told by the clerk sitting at the counter that the amount intended to be withdrawn was not standing to his credit in the account. On getting suspicious the plaintiff got the said account checked and then it was revealed that although the above amount of Rs.5,05,000/- was credited in the pass book but said amount of Rs.5300/- was not credited therein. It was further revealed that after withdrawal of Rs.500/- in October 1967 the balance shown in the pass book was erroneously noted as Rs.4822.90. Accordingly, the plaintiff approached the said branch of the defendant and told that the entries made in the pass book may be rectified. He also got a notice dated 23rd November 1977 served on the defendant. In response to that notice said branch of the defendant sent a letter No.4903 dated 29th November 1977 asking the plaintiff to come to office with all relevant documents. The plaintiff alongwith his counsel visited the said branch on 10th December 1977 and showed all the documents to the concerned official. He was told that the matter will be examined and he will be intimated in due course.
2. It is further alleged that two officials from the said branch approached the plaintiff on 24th February 1978 and they took away from him the original pay-in-slip for Rs.5300/- and photostat copy of pay-in-slip in regard to deposit of Rs.5,05,000/-. On 28th February 1978 the plaintiff deputed Ramesh Chand to inform the bank about the handing over of the original pay-in-slip of Rs.5300/-. Thereafter the plaintiff sent a letter dated 8th March 1978 by registered AD cover to the Assistant General Manager (Instructions & Control Division) Punjab National Bank, Parliament Street, New Delhi which was received in his office on 9th March 1978. In reply thereto the plaintiff received a letter dated 18th March 1978. It is claimed that the contents thereof are absolutely false. Instead of settling the claim the said branch of the defendant by its letter dated 1st May 1978 further informed the plaintiff that an FIR has been lodged on 19th December 1977 at PS Sadar Bazar. The plaintiff once again sent a notice by registered post to the defendant on 6th May 1978 and in reply thereto the defendant sent a communication dated 31st May 1978 repudiating the claim of plaintiff. It is claimed that the defendant is liable to pay amount of Rs.5,09822.90 standing in credit in the said account together with interest @ 12% p.a. upto September 1978, amounting to Rs.6,70,296/-, total amount being Rs.11,80,118.90. It was prayed that a decree for this amount along with pendente lite and future interest @ 12% p.a. be passed in favour of the plaintiff and against defendant.
3. In the written statement filed to the amended plaint, by way of preliminary objections, it is alleged that according to the own admissions of plaintiff made in Paras 6,7 and 20 of the plaint the cause of action is alleged to have arisen in 1967 whereas the suit had been instituted nearly 12 years thereafter and the same is thus liable to be dismissed on that count. On merits, it is not denied that the plaintiff opened a saving bank account with Bara Hindu Rao branch of the defendant in 1966. However, it is denied that a sum of Rs.5,05,000/- was deposited in that account by the plaintiff on 26th August 1967. Total receipts of the said branch on 26th August 1967 were Rs.46,083.95 and the total closing cash for the day was Rs.2,36,815.20. It is, however, admitted that on 20th September 1967 the plaintiff deposited Rs.5300/- in the said account. It is alleged that the plaintiff has manipulated the entry dated 20th September 1967 by altering the date to 26th August 1967 and the amount from Rs.5300/- to Rs.5,05,000/- in the pass book. He also manipulated the figure in the pay-in-slip from Rs.5300/- to Rs.5,05,000/- by taking advantage of the gap between the initials of the checking officer and the entry. Receipt of the letter dated 23rd November 1977 and also the notice dated 23rd November 1977 are not denied. However, it is stated that the counsel of plaintiff visited the said branch of defendant on 10th December 1977 and showed only the pass book. He was told that the allegations made in the said notice are base less. It is further pleaded that names of the two officials who are alleged to have approached the plaintiff on behalf of the defendant, have not been disclosed. It is denied that any of the two pay-in-slips were taken away by any official of the bank as alleged. It is stated that the present suit has been filed to stall the enquiry which has been initiated by CBI on the report lodged by bank. Liability to pay the amount of Rs.5,05,022.90 with interest @ 12% p.a. is emphatically denied.
4. On the pleadings of the parties the following issues were framed:-
1. Did plaintiff deposit the amount of Rs.5,05,000/- on 26.8.1967 in his State? Bank account?
2. Is the suit within time?
3. To what amount of interest, if any, the plaintiff is entitled?
4. Did plaintiff deposit the amount of Rs.5,300/- in the said account with the defendant on 20.11 ? 1967?
5. Is defendant entitled to special costs under section 35-A of the Code of Civil Procedure?
6. Relief.
ISSUES 1, 3 & 4
5. These issues are interlinked and can be taken for discussion together. In nutshell, the case of the plaintiff is that in Saving Bank account No.5131 he deposited amount of Rs.5,05,000/- on 26th August 1967 and another sum of Rs.5300/- on 20th September 1967. While entry for Rs.5,05,000/- exists in the pass book, the balance shown after this credit is airthmetically wrong. Entry for Rs.5300/- has not been made in the pass book. In support of the said case the plaintiff as PW-1 deposed that he opened a Saving Bank account with Bara Hindu Rao branch of Punjab National Bank in 1966 with a deposit of Rs.3,000/- and pass book Ex.p-12 was issued to him. After about a year he deposited Rs.5,05,000/- in the said account and at that time he was accompanied by his father Bilasa Ram, Ganpat Ram and Manohar Lal. Pay-in-slip for deposit of the said amount was filled in by Ganpat Ram for him as he can not read or write and sign only in Hindi. Ex.P-13 is the counterfoil of pay-in-slip which was given to him by the bank after deposit of the said amount. After about a month he further deposited Rs.5300/- when he was returning after having the receipt photostated two persons who claimed to be from the bank, took away the receipt and also photostat copy thereof. Ex. P-4 is the letter written by him to the bank requesting it to return the said receipts. He further deposed that when he went to withdraw Rs.5000/- he was informed by the bank that no fund was available in the said account. Five or six months thereafter he got the pass book checked by Jia Ram Gupta who commented that there was some "Garbar" and "Kata passi" therein. Ex.P-1 is the notice sent to the defendant bank before filing the suit. In cross examination he stated that he did not know Hazari Lal Aggarwal nor did he introduce him to the bank. When he went to deposit amount of Rs.5300/-, only his father was with him and the pay-in-slip for this amount was filled by someone present in the bank. It is further in his cross-examination that he did not seek identification from the two persons who stated that they had come from the bank and whom he showed the receipts which they took away. He admitted that he cannot recognise the two persons who took away the receipts and he also did not see them in the bank on various occasions he visited it. On enquiry manager told that nobody from the bank had taken the receipts. However, he denied the suggestion that he did not deposit the amount of Rs.5,05,000/- and converted the pay-in-slip of Rs.5300/- to Rs.5,05,000/- and also date of 20th September 1967 to 26th August 1967. Manohar Lal, PW-3 deposed that he had accompanied Bilasa Ram to Punjab National Bank branch at Bara Hindu Rao when he deposited amount of over Rs.5 lakhs there in his presence. Plaintiff was also present there in addition to one more person, whose name he did not know, who had filled in the pay-in-slip. In cross examination he stated that it was on 26th August 1967 when he had gone to the said branch of the bank. He denied the suggestion that the said amount was never deposited with the above branch of the defendant bank.
6. On the other hand, Hazari Lal Aggarwal, DW-1 deposed that in the year 1967 he was working in Bara Hindu Rao branch of the defendant bank as a clerk. He knows the plaintiff as he had constructed his house in 1962 and he was also his neighbour. The plaintiff opened saving bank account with the said branch on his introduction. He filled in the account opening form for him. He always asked him to fill in pay-in-slips for him. Encircled portion with blue ink marked "A" of the pay-in-slip Ex.P-13 is in his handwriting except the figure of `6' of the date of 26th and the figure of month `8' which are over written. Stamp on the said pay-in-slip is of the said branch and it bears the signature of the then Cashier M.N.Vats who has since died. Contents of the original of Ex.D-1 are filled in his handwriting. Ex.P-13 and Ex.D-1 are the two portions of the same pay-in-slip. Largest amount deposited by the plaintiff in respect of which he filled in the pay-in-slip, was Rs.5300/-. To a question in cross examination if he was aware that on 26th August 1967 the plaintiff came to said branch of the bank accompanied by his father Bilasa Ram, Manohar Lal and one another person who filled in the pay-in-slip for deposit of money, he replied that the plaintiff was not accompanied by any other person but he could not recall the date. According to him plaintiff's father Bilasa Ram never came to the bank in his presence. It was not even remotely suggested in cross-examination to the witness that the encircled portion with blue ink marked "A" of the pay-in-slip Ex.P-13 excepting the over-written figures is not in his hand. Lekh Raj Gauba, posted as Branch officer in Bara Hindu Rao branch of the defendant bank in the year 1967 as DW-2 deposed that the entries dated 26th August 1967 in the cash book (photostat copy Ex.D-7) bears the signature of C.M.Dilwali towards the end and these were checked by K.R.Chopra. From the figures appearing at the end of entries of that date, a sum of Rs.5 lakhs could not have been deposited on that date. He further deposed that the entries dated 26th August 1967 in the Cashiers Long Book (photostat copy Ex.D-8) are in the hand of M.N. Vats who was working under him. In cross-examination he stated that when a customer goes to the counter of the bank for making deposit of a certain amount he fills in pay-in- slip, gives the denominations of the currency notes on the back of pay-in- slip and pay-in-slip alongwith cash to be deposited, goes to the cashier who enters the amount, serial number, name of the party and his account number in the Long Book. Whatever is written by the cashier in the Long Book is repeated by the Cash Book Writer in the cash book but the serial number given by the cashier and the cash book writer differ. The entires made by the cashier as also the cash book writer are based upon the particulars mentioned in the pay-in-slip. He denied the suggestion that on 26th August 1967 a sum of Rs.5,05,000/- was deposited by the plaintiff with the defendant bank and the bank officials in collusion with each other did not make entry to that effect in the Long Book, Cash Book and Ledger. K.R.Chopra, DW-3 deposed that he was the Branch Manager of Bara Hindu Rao branch of the defendant bank in the year 1966 and he remained posted there in that capacity uptil 1972. As Manager he used to close the cash towards the end of the day. His signatures as Manager appear towards the end of the cash book entries pertaining to 26th August 1967 and 20th September 1967. On seeing the balance from the cash book on 26th August 1967 which was to the tune of Rs.2,36,815.20, it was not possible nor there could be any deposit on that day of the amount of Rs.5,05,000/-. In cross examination he stated that whatever was brought to him alongwith the cash book by the Head Cashier, was counted and tallied with the balance in the cash book, and on 26th August 1967 he did not personally go to the cashier;s room. C.M.Dilwali, DW-6 after seeing the entries dated 26th August 1967 in the cash book, deposed that the same are in his hand.
7. In I.A.288/88 filed by the defendant by the order dated 23rd February 1989 the documents mentioned in that IA which were in the custody of CBI and were filed by it on 4th May 1987, were ordered to be sent for opinion by the Director, CFSL, Lodhi Road, New Delhi. Dr.S.C.Mittal, DW-8 deposed that he examined Ex.P-12 (Pass Book), Ex.P-13(counterfoil of deposit receipt of PNB), Ex.D-10 (pay-in-slip of PNB), one photostat copy marked as "A" which is also a copy of the pay-in-slip of the bank and Ex.D-11 (account opening form of PNB). After examination of these documents he pre- pared the report Ex.PW6/1 (ought to have been Ex.DW8/1) dated 25th April 1990. Results of examination listed at items I to VII and IX in this report which are material after omitting immaterial portions, are reproduced below:-
"I. A careful microscopic, oblique light, transmitted light, ultra violet and infrared light examination using V.S.C.-I of red enclosed date portion in the bank pass book of Punjab National Bank in respect of Account No.5130 of Kashi Ram marked Q-1 on exhibit P-12 reveal that the existing date 26.8.67 has been subsequently written/made over after physico-Chemical erasures, overwriting and obliteration. The original date when deciphered appear to read as 20.9.67.
II. A careful microscopic, transmitted light, oblique light, ultra-violet and infrared light examination using VSC-I of red encircled writings/figures marked Q-2 and Q-2/1 on exhibit P-12 reveal that the existing amount 5,05,000 in Q-2 and 505022.90 in Q-2/1 is subsequently made at these places by using physico- Chemical erasures and obliteration. The original figures when deciphered in Q-2 appear to be read as 5300 in Q-2/1 5322.90 III. A careful microscopic examination of questioned red encircled date portion marked Q-3 on Ex.P-13 on counter foil of deposit slip of Punjab National Bank Limited, Parliament Street, New Delhi in respect of Account No.5130 of Kashi Ram Mistri when examined under oblique light, transmitted light, ultra-violet light and infrared light examination using VSC-I revealed that existing date 26.8.67 was subsequently made over the original dated 20.9.67 by using physic-Chemical erasures and addition of strokes on the figure Q of date portion & figure 9 of month portion. The original date at this place read as 20.9.67.
IV. A careful microscopic oblique light, transmitted light, ultra-violet light and infrared light examination of the red enclosed portion marked Q-4 on Ex.P-13 revealed that the existing amount 505000 was subsequently made over at this place by using physic-Chemical erasures & obliterations to convert the original figures which appear to read as 5300.
V. A careful microscopic examination, oblique light transmitted light, ultraviolet light and infrared light examination by using VSC-I of red enclosed portion marked Q-6 on Ex.P-13 revealed that the existing writings (Rupees five lacs five thousand only) are subsequently made over after using physic-Chemical erasures, alterations & addition of strokes to the original writings which appear to be read as (five thousand three hundred only).
VI. A careful microscopic, transmitted light, oblique light examination by using VSC-I of red enclosed portion marked Q-5 on exhibit P-13 revealed that the existing amount 505000 and date 26.8.67 below the signatures in red ink is subsequently made over at these points after using physic-Chemical erasures, alterations/overwritings and addition of strokes over the original writing which read as 5300 and date 20.9.67.
VII. A careful microscopic examination and matching of serrated edges of pay-in-slip of the punjab National Bank Ltd marked Ex.D- 10 and the counter foil marked P-13 revealed almost perfect matching of the serrated edges and the size of Pay-in-slip and counter foil is also found the same, pointing that the counter foil marked Ex.P-13 has been turned from the pay-in-slip marked Ex.D-10. This is also confirmed by using transmitted light examination.
IX. The questioned rubber seal impressions on Ex.P-13 when compared with rubber seal impressions marked on Ex.D-10 using VSC-I revealed that the both rubber seals agree in their general size, design and arrangement of letters and characters. However, I am unable to make a detailed study of these two rubber seal impressions to take the individual characters as the impressions are only partial or incomplete. However, I have not seen any difference in these two rubber seals impressions suggesting their common origin. In other words, both of them appear to be fixed from the same rubber seal.
8. According to the defendant bank Ex.P-13 and D-10 are the two portions of the same pay-in-slip; they were filled in by Hazari Lal, DW-1; they relate to deposit of Rs.5300/- by the plaintiff on 20th September 1967 and in Ex.P-13 as also the pass book Ex.P-12 entries have been tempered with to falsely make out that amount of Rs.5,05,000/- was also deposited on 26th August 1967 besides Rs.5300/- on 20th September 1967. Considering the said defense plaintiff's portion of the pay-in-slip of Rs.5300/- dated 20th September 1967 had assumed great significance. The plaintiff alleges that on 24th February 1978 two persons who claimed to be from the defendant bank, took away the original pay-in-slip as also photostat copy thereof. It is not in dispute that a notice Ex.D-4 had been served by the plaintiff on defendant bank on 23rd November 1977 calling upon it to give credit for the amount of Rs.5,05,000/- within a fortnight of the receipt of that notice failing which legal action was threatened to be initiated against it. In this background it does not appeal to reason that the plaintiff would have parted with his portion of the pay-in-slip of Rs.5300/- on 24th February 1978 to two persons claiming to be from the bank without insisting for production of some evidence about their identity and obtaining receipt in token of having delivered the same to them. From the unrebutted testimony of Hazarilal, DW-1 referred to above, it is proved that the encircled portion with blue ink marked 'A' in the plaintiff's portion of pay-in-slip Ex.P-13 except the figure of '6' of the date of '26' and that of '8' of the month is in his handwriting and not that of Ganpat Ram as deposed to by the plaintiff (PW-1) and Manohar Lal (PW-3). Ex.D-1 is the photostat copy of Ex.D-10 which was seized by the police and was not available on the date statement of said Hazari Lal, DW-1 was recorded. It is further proved from the statement of DW-1 that Ex.D-1 is also in his handwriting. Further, part of the statement made by DW-1 that original of Ex.D-1 and Ex.P-13 are the two portions of the same pay-in-slip also finds support from the said report Ex.PW6/1 (item VII). It may be noticed that in Ex.D-1 and D-10 Rs.5300/- are shown to have been deposited on 20th September 1967. Even on a naked eye perusal overwritings and obliterations in the figures of date, month and the amount are visible in said Ex.P-13 and the pass book Ex.P-12. Considering said evidence there appears to be no reason to differ with the opinion as recorded in detail in the report Ex.PW6/1 by Dr.S.C.Mittal, DW-8 in regard to the obliterations in the entries made in pay-in-slip Ex.P-13 and pass book Ex.P-12. Further, entries made in the cash book (copy Ex.D-7) and Cashier's Long Book (copy Ex.D-6) coupled with the aforesaid statements of Lekh Raj, DW-2, K.R.Chopra, DW-3 and C.M.Dilwali, DW-6 go to show that no amount of Rs.5,05,000/- was deposited on 26th August 1967 with the said branch of defendant bank by the plaintiff. Statements of plaintiff, PW-1 and Manohar Lal, PW-3, in regard to deposit of the said amount on said date cannot be accepted. Issue No.1 is, therefore, decided against the plaintiff. As no amount of Rs.5,05,000/- was deposited by the plaintiff there is no question of award of any interest thereon to him. Issue No.4 is, however, answered in favour of the plaintiff as it is even admitted by the defendant that Rs.5300/- were deposited by the plaintiff on 20th September 1967.
ISSUE NO.2
9. Submission advanced on behalf of the defendant bank was that although amount of Rs. 5,05,000/- is alleged to have been deposited on 26th August, 1967, the plaintiff initiated action for rectification of entry in the pass book Ex. P-12 only on 23rd November 1977 by sending notice Ex.D-4 and the suit is thus barred by limitation. Submission is, however, without merit. As stated above, it is in the deposition of plaintiff, PW-1, that he never visited the said branch of defendant bank between 1969 to 1975 as the pass book was with his father who died about 8 years ago; that he came to know that no amount was lying in his account only when he went to withdraw Rs. 5,000/- and that 5-6 months thereafter he got the pass book Ex.P-12 checked up and sometime thereafter he got the notice Ex.D-4 dated 23rd November, 1977 issued to the bank. In view of this statement the limitation would start running from the date the plaintiff came to know that credit for the amount of Rs.5,05,000/- had not been given by the bank and, therefore, the suit is within limitation.
ISSUE NO.5
10. This issue was not seriously pressed on behalf of the defendant bank.
RELIEF
11. In view of my finding on said issues 1 and 3 the suit is dismissed with costs.