KISHAN CHAND GUPTA Vs. CITI BANK N A

JUDGEMENT

(1.) Heard Mr. Gupta in person. He states that his Counsel has already placed on record the judgement passed by the National Commission. Mr. Chitnis appears for the respondent Bank. The grievance of the complainant is that because of the cheque presented to the Bank was not honoured by the Bank his reputation is put to stake and, therefore, a criminal complaint came to be filed against him. This lapse on the part of the respondent Bank has put his reputation in jeopardise. Therefore, he claims compensation from the Bank to the extent of Rs. 5,51,000.00 , Mr Gupta contended that this transaction about the cheque was not only one cheque but this cheque. It is represented by the respondents Counsel saying that the cheque presented was itself stopped by Mr. Gupta under his instructions even before the remarks of the bank and therefore, the lapses are not on the part of the Bank. The Bank did not stop the cheque on the basis of the instructions given by Mr. Gupta but on other account. Mr. Gupta contended that remarks no doubt shows the lapses on the part of the Bank which has not adversely affected the status and position of the complainant as this remark went upto the Bank presenting the said cheque and it was not returned back to the complainant. Therefore, this claim of the complainant that his status has been affected because of this remark cannot be accepted. Mr. Gupta also contended that the payment has been stopped on the instruction of the complainant himself. The complainant is disputing the instruction in respect of the cheque but instructions are in respect of other cheques. Mr. Gupta also states that the suit is pending in the Civil Court. Considering all these disputed facts, we are not inclined to pass any order. In fact, the lapse on the part of the Bank has been taken advantage of by Mr. Gupta. As regards remarks which are not disputed by the Bank itself as they have made a wrong endorsement on the cheque but once this endorsement is only for inter-bank correspondence, we are not inclined to grant the relief as prayed by the applicant. The complaint, therefore, fails and is dismissed. Under these circumstances, there will be no costs. Complaint dismissed.