Liability for fraud

Bank liability – Suit for recovery against Bank – Failure of Cashier to deposit in ledger – Criminal case was registered – Was ultimately convicted and sentenced – Suit filed after 8 years – Cashier did not act as an agent of the bank when he had allegedly received – He had done so in his personal capacity playing fraud with the plaintiff and bank cannot be held to be vicariously liable for that amount and further simply on the basis of receipt by Cashier playing fraud – Cannot be said that the amount was received by defendant bank or it is liable to account for the same. Dalip Singh v. New Bank Of India. (2021-1) Punjab Law Reporter 128