Ct-08 vs Punjab National Bank
2022 Latest Caselaw 7540 Cal

51      14.11.2022                        SA 80 of 2021
                                          Sukumar Mallick
Ct-08                                           Vs.
                                        Punjab National Bank

                         In spite of service of administrative notice
ar                   upon    the    appellant,    the     appellant   is      not
                     represented.       The   appellant     was    also       not
                     represented on the earlier occasion.
                         The appellate decree dated 28th February,
                     2005 affirming the judgment and decree passed
                     by the trial court on 9th May, 1996 in a Money
                     suit filed by the plaintiff for recovery of money
                     from the defendant/appellant is the subject
                     matter of challenge in this second appeal.
                         There is a clear finding by both the courts
                     below on the basis of the cogent evidence that
                     the respondent during his tenure as cashier of

the appellant misappropriated Rs.25,400. The plaintiff established the case at the trial for the aforesaid misappropriation. It was proved that the transaction was contrary to the guideline of the Reserve Bank of India. The clerk cum cashier did not make entries of 13 customers who had made cash deposits. Discrepancies made in 13 accounts were supported by the evidence on record clearly established that the said amount of Rs.25,400/- was misappropriated by the respondent.

On such consideration, we do not find any reason to admit the second appeal. The second appeal is, therefore, summarily dismissed under Order XLI Rule 11 of the Code of Civil Procedure.

There will be no order as to costs.

(Uday Kumar, J.) (Soumen Sen, J.)