RAMDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner is a civil contractor, and was issued cheque dated 8-3-1999, for Rs.77211.00 (Annexure-1), on the Bhagalpur Treasury, for the works done by him for the State Government. The cheque was issued by respondent No. 2 (Executive Engineer, Building Construction and Housing Department, Housing Division, Bhagalpur). The petitioner had presented the said cheque dated 8-3-1999 before respondent No. 3 (the Treasury Officer, Bhagalpur), on the same date who endorsed it for payment, but recorded 13-2-1999 as the date of his signature. The petitioner had thereafter handed over the said cheque to his Bankers for collection which raised objection about its collection on the ground that the endorsement of the Treasury Officer is of a date one month prior to the date of the cheque. Thereafter the petitioner has been running from pillar to post for revalidation of the cheque and payment, to his failure and utter harassment. Hence the present writ petition.

(3.) Mr. Ashok Kumar Singh, learned S.C. appears for the respondent authorities and submits that incorrect date of endorsement of the Treasury Officer was a bona fide error on his part. He further submits that by the time the petitioner had detected the mistake, the financial year was over and, therefore, the payment could not be made. He further submits that respondent No. 2 shall revalidate the cheque forthwith, and respondent No. 3 shall pass the same for payment promptly.