S. Banerjee, J. - (1.) The plaintiff alleges that an employee had defalcated substantial sums by making fictitious entries in vouchers presented for payment and seeks judgment on admission on the basis of two undated documents written out by the employee and his father wherein the embezzlement is said to have been acknowledged and a promise made for refund.
(2.) The plaintiff says that between September, 2000 and December, 2002 the first defendant employee caused seven cheques to be issued by the plaintiff in favour of the defendant No. 6 (whether in the name of Dimensions or Dimensons) without the plaintiff having received any goods or services from the payee. It was only in "the beginning of May 2003" that the plaintiff says that the alleged defalcation was detected in course of reconciliation of accounts. It is alleged that the first defendant caused certain vouchers to be prepared and presented to the accounts department and induced the accounts personnel of the plaintiff to issue cheques on the first defendant's representation that payments were due from the plaintiff to the sixth defendant on account of goods purchased or services received.
(3.) At paragraph 15 of the petition it is averred that upon the first defendant being apprised of the discovery of the misappropriation of funds of the plaintiff, the first defendant and his father, the third defendant, "came to the office of the (plaintiff), and admitted their unconditional liability to pay the moneys misappropriated by the (defendant) No. 1 from the till of the (plaintiff)." The copies of the two documents said to have been written out by the first and third defendants are appended to the petition. The plaintiff has also relied on a complaint of May 12, 2003 made to the Park Street Police Station where the first defendant's written admission is referred to.;