- (1.) This Appeal is against a Judgment dated 5th october, 1995.
(2.) Briefly stated the facts are as follows : the Appellant received a cheque for Rs. 1,00,000/- from the 3rd respondent. The cheque was drawn on the 2nd Respondent Bank. The appellant sent the cheque by post along with some other cheques. However, the cheque in question was stolen in post and was altered to read as if it was payable to Shri K. Narayhanan. A person calling himself K. Narayhanan opened a bank account with the 1st respondent Bank on 24th December, 1982. The account was opened with a sum of Rs. 20/ -. The customer then asked for a cheque book and was informed that the minimum balance had to be Rs. 100/- to obtain a cheque book. He therefore put in Rs. 80/- into the account. He was then issued a cheque book. Thereafter on 29th december, 1982 the cheque for Rs. 1,00,000/- was deposited into the account and the same was collected by the 1st Respondent on behalf of its client. On 30th December, 1982 a sum of Rs. 50,000/- was withdrawn from the account just prior to stop instructions being received.
(3.) The said K. Narayhanan turned out to be a fictitious person. He was never traced again. The remaining balance of Rs. 50,000/- was ultimately returned to the Appellant. When the Appellants claimed the sum of Rs. 50,000/- from the 1st Respondent they claimed protection of Section 131 of the Negotiable Instruments Act.;