171
248
A.
249
148.
P77 referred July 1972 - July 1973. I can't see details of £100 or equivalent for that period. I see amounts dated 28/2/73 on
standing instruction - of $1283.
Cross-examined by lir. Hampton:
Q.
A.
20
& 3 & 4
Q.
Q.
A
ho
Ro
A
You have produced these documents to this Court. Yere these documents in your custody?
Yes.
They were in my custody at one stage.
By virtue of your status as current accounts information
officer?
Yes.
And in custody of no one else?
Once microfilm copies have been produced they are handed
to me.
You were responsible for having custody of them?
Yes.
Are you familiar with Banking Law and Practice?
I am fairly familiar but I am not an export.
An I correct in saying that correct banking practice is that a cheque remains property of customer?
That is correct.
It is a bill of exchange drawn upon banker payable on demand?
Yes.
Is it customer's receipt as against payee of cheque of receipt of funds by transfer of that choque?
Yes.
Bank has in fact no right in law to retain a paid cheque?
That is correct.
3.
If a bank does so they do not form part of bank's record
but must form part of customer's record?
A.
Correct.
(Submit that the 2 cheques do not satisfy 5.40 of Evidence Ordinance
and should be struck out as exhibits.)