CITIZEN CO OP BANK LTD Vs. RITESH MITTAL

JUDGEMENT

(1.) Heard learned counsel.

(2.) Admitted.

(3.) Four cheques issued on different dates, the total amount where of was Rs. 1,52,100.00, were encashed by the appellant Citizen Co-operative Bank Ltd. (hereinafter referred to as the Bank). The first cheque was got encashed on 11th Aug. '93. The last cheque was encashed on 4th Dec. '93. This is not in dispute. What is in dispute is that one Vijay Kumar Mittal approached the Jammu the Kashmir State Consumer Protection Commission, Jammu. A plea was taken that four cheques from his cheque book were stolen and these were got encashed by committing forgery. It was in this manner pleaded that the appellant bank should be made liable. The appellant bank denied its liability. It was pleaded that it was a negligent act on the part of respondent complainant and therefore, the liability could not be shifted to the appellant Bank. The fact that respondent complainant was depositing the amount with the bank and never made a complaint vis-a-vis encashment of four cheques qua which the plea taken was that the payment was received by forging the signatures was put across. It was further submitted that the difference in the hand-writing which has been pointed out is such which could not be easily detected through visual comparison. It was accordingly submitted by the bank that it was the complainant who was responsible for negligence in not maintaining the cheque book and as he facilitated the act of forgery being committed, therefore, he cannot claim any benefit.