RATTAN CHAND Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) ADMITTED facts giving rise to this case are, that the appellant as a customer of the respondentBank, was having current account "along with" one Smt. Manorma Devi at its Bilaspur branch. It is further not in dispute that on 30.10.1999, he deposited a cheque of Rs. 1,07,000 in his account for being collected through the drawee Bank i.e. Punjab National Bank at its Bilaspur branch. It was dishonoured. As per stand of the respondent -Bank, the memo, issued by the Bank of the drawer of the cheque was that its payment was stopped. Further case of the respondent as set out in its reply was that the cheque in question was sent by ordinary post on 3.11.1999.

(2.) WHEN the account of the appellant was not credited with the amount in question nor did he receive any information regarding dishonouring of the cheque, he got a legal notice issued, Annexure C.4, on 16.11.1999 and it was replied to by the bank on 20.11.1999. Stand of the bank is precisely the same as noted hereinabove. In this background, appellant was entitled to atleast return of the dishonoured cheque so that he could think of dealing with it in the manner he liked.

(3.) ON the other hand, case of the appellant is that the dishonoured cheque was not received by him even after issuance of legal notice. In these circumstances, he filed the complaint before the District Forum below which has been dismissed. Hence, this appeal.