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arrangement were made by the company such as overdraft, cash credit or any other account etc. from the plaintiff bank vide its resolution dt. 1.9.1997. At the request of defendant no. 1 the plaintiff bank allowed overdraft/loan facility to the defendant no. 1 against the cheques signed/issued by the defendant no. 2 on behalf of defendant no.1. Defendant no. 1 appoached the plaintiff for grant of financial assistance by way of temporary overdraft in current account no. 22251 to meet its urgent business requirements and as such defendant no. 1 issued cheque bearing no. 780751 dt. 6.2.99 for Rs. 1,50,000/- favoring self, cheque no. 780752 dt. 11.2.99 for Rs.50,000/- favoring 'self' and cheque no. 780754 dt. 18.2.2000 favoring self for Rs. 30,000/-. As per the settlement the defendant company was required to clear the said overdrawing within 15 days alongwith interest prevailing at the relevant time.

denied that the defendants ever approached the plaintiff for grant of temporary overdraft facility in the current account by passing cheques dt. 6.2.1999, 11.2.99 and 18.2.2000. It was submitted that defendant after availing the overdraft facility of Rs. three lacs deposited Rs. two lacs on 4.2.99 and Rs. 1,30,000/- on 8.2.99. The bank officials without informing the defendants adjusted the amount deposited by the defendants in account and wrongly showed in the statement of account the temporary overdraft. It was denied that defendant company has not deposited the sufficient amount in its current account no. 22251 to clear the outstanding liability inspite of various request and reminders from the plaintiff back. It was submitted that due to freezing of account by Crime Branch the defendants could not regularize the account due to financial constrain. It was further submitted that plaintiff Contd...