LIBERTY LEATHERS GHARAUNDA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) M/s. Liberty Leathers, Gharaunda, the unsuccessful complainants appeal against the order of the District Forum, Karnal dismissing their case.

(2.) The fact, are not in serious dispute. The appellants presented a cheque apparently dated the 22nd of November, 1992 to the respondent-Punjab National Bank at their branch at Karnal for onwards transmission and collection at Jalandhar. The allegation was that the said cheque was wilfully forwarded for onward collection by the respondent-bank of the 22nd of May, 1993, when its validity had expired on completion of six months from the date of its issuance. Inevitably, the amount was not collected and aggrieved thereby the appellants preferred the complaint seeking the principal amount of the cheque alongwith interest thereon. The respondent-bank in defending the complaint, strenuously pressed the preliminary objection that the cheque has been accepted for collection in accordance with the clear condition printed as No.2 on the pay-in-slip that it would not be at all liable for any delay in collection, transmission and otherwise, with regard to any remittance until the same is received and realised. On merits the stand was that in fact the complainant was himself patently negligent in not presenting the cheque for collection nearly six months from the date of its issuance.

(3.) The District Forum took the view that the bank stood fully protected by virtue of the admitted condition No.2 on the pay-in-slip and further that the appellants had themselves been patently remiss in presenting the cheque at the very fag end of its validity and when the time, there for was due to expire. Consequently, the complaint was dismissed.