ICICI BANK LTD Vs. SONNEGOWDA

JUDGEMENT

(1.) Aggrieved by order dated 20.10.2011, passed by Karnataka State Consumer Disputes Redressal Commission, Bangalore (for short 'State Commission'), petitioner has filed this revision petition.

(2.) Brief facts are that respondent no.1/complainant was given a cheque for Rs.2 lakhs by Shri R.Siva Sankar - respondent no.3, herein. Respondent no.1, presented the said cheque to his banker - respondent no.2/opposite party no.1 for collection. Respondent no.2 sent the cheque for collection to petitioner's bank/opposite party no.2 on 9.8.2010. The said cheque was not encashed due to "insufficient fund" in the account of respondent no.3. Accordingly, petitioner sent the cheque to respondent no.3. It is alleged by respondent no.1 that, petitioner ought to have sent the cheque and the endorsement to respondent no.2 and respondent no.2 ought to have handed over the cheque and endorsement to respondent no.1. Thus, respondent no.1 on the basis of cheque and bank's endorsement as "insufficient fund", had to file a private complaint u/s 200 Cr.P.C. before Magistrate's Court for the offence punishable u/s 138 of the Negotiable Instrument Act, against respondent no.3. But due to the negligence on the part of petitioner and respondent no.2, respondent no.1 could not get the said cheque and endorsement of the Bank and as such respondent no.1 was not able to prosecute respondent no.3 u/s 138 of the Act due to delay. The cheque amount is Rs.2,00,000/-.

(3.) It is further stated that there is no proper information from the petitioner as well as to respondent no.2. Thus, there is gross negligence on the part of the petitioner and respondent no.2. Accordingly, respondent no.1 prayed that petitioner and respondent no.2 be directed to return the above said cheque as well as endorsement forthwith and settle the matter and pass orders the Court deems fit and proper in the circumstances of the case.