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5. The defendant is a sole proprietor of M/s. Jaslin Enterprises. The defendant is running a current account No.CA/01/002642 with the plaintiff bank in the name of his firm. The defendant requested the plaintiff bank for temporary overdraft facility which was granted to the defendant. First temporary overdraft facility was granted to the firm of the defendant on 13.05.03 when the defendant presented a self cheque No.0738493 for a sum of Rs.2 lacs and same was paid to the defendant though the credit balance in his current account on 13.05.03 was of Rs.2114.32. The defendant thereafter availed the facility from time to time.

6. On 12.08.03 the defendant requested the plaintiff bank to purchase certain bills amounting to Rs.25000/­, 45000/­, 49000/­, 80000/­ and 49900/­ and after the purchase of said bills a sum of Rs.164908.32 was credited in his account. Another temporary overdraft facility of Rs.253000/­ was granted to the plaintiff against cheque No.0186018 which resulted in withdrawal of Rs.88096.68 from the current account. On 19.08.03 cheque No.0186020 of Rs.1.30 lacs and cheque No.0186021 of Rs.15000/­ were presented by the defendant which were duly paid by the plaintiff bank. The defendant requested for the grant of temporary overdraft facility by presenting a cheque No.0217192 of Rs.1.21 lacs which was duly encashed on 24.09.03 and as such a sum of Rs.237575.68 was withdrawn from the current account. On 24.09.03 defendant requested for the purchase of three bills amounting to Rs.16115/­, 74300/­ and 30138/­. The said bills were purchased by the plaintiff bank and the amount was credited to the current account of the defendant and as such a sum of Rs.117428.68 was overdrawn. On 31.03.05 a sum of Rs.118607.68 was overdrawn from the current account by the defendant. The defendant has failed to liquidate the amount of overdraft granted to him despite oral and written request and accordingly a legal notice dated 09.06.06 was issued but in vain. Hence, this suit.