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5. It is stated that in the year 2010, the defendant presented a cheque for Rs.2.40 Lacs and submitted that he was in dire need of money and requested for temporary overdraft of Rs. 9761.23/- as there was a shortfall of Rs.9761.23/- which was granted to the defendant by way of cheque bearing no. 767468 dated 04.01.2010 for a sum of Rs.2,40,000/- in his favour.

6. It is stated that the defendant utilized the said temporary overdraft facility but failed to deposit the said temporary overdraft facility and the amount of inadvertent wrong credit made in his account.

7. It is stated that the plaintiff bank made various request to the defendant to deposit the outstanding amount on account of wrong credit and temporary overdraft alongwith interest thereof but to no effect and hence, the amount increased day by day and defendant have willfully neglected and have failed to pay the outstanding amount, thereafter, plaintiff bank sent a legal notice dated 04.04.2012 calling upon the defendant to clear the outstanding amount.

8. It is stated that rate of interest is to vary from time to time as per the directives of Reserve Bank of India issued from time to time and present rate of interest being charged is 17% per annum compounded with monthly rests on temporary overdraft in current account plus 2% penal interest simple and at this rate the defendant is liable to pay the aforesaid amount due to the plaintiff bank.