CHANDRASEKAR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) There is no merit in this appeal. The lower Forum has held that the Forum at Vellore had no jurisdiction. Therefore, on that ground, the complaint was dismissed.

(2.) On going through the records, we find that the view of the lower Forum that the lower Forum has no territorial jurisdiction to try the matter is justified on the materials made available on record. The impugned transaction admittedly took place only in Krishnagiri namely in the Krishnagiri Branch of State Bank of India. A complaint was also given with regard to the cheque only to the Krishnagiri Police where a case has been registered. The complainant has nothing to do with the impugned transaction. The case relates to a cheque. According to the complainant, the cheque was issued by a person who had no authority at all. Narkani Navajeevan Seva Mandal is having 2 accounts both Savings Bank accounts with the opposite party at Krishnagiri. Admittedly the cheque which provided the cause of action was not signed by the complainant. It was signed by Babu Justin along with Mariaselvam Daniel. The cheque in question was encashed by one Martin Luthar on 21.9.1996. It is not the case nor any material had been produced to show that the cheque book and other account books were maintained at Vellore by Navajeevan Seva Mandal or while it was in their custody at Vellore, it was filled up and misused. Therefore, an analysis would show that no part of the cause of action had arisen at Vellore. The complainant is only the Secretary of Navajeevan Seva Mandal at Ranipet in Vellore District whereas the cheque issued related to the account in the name of Narkani Navajeevan Seva Mandal at V. Madhepalli, Krishnagiri Taluk. It is also not disputed that there are office bearers of Narkani Navajeevan Seva Mandal at V. Madhepalli. The complainant has also admitted that he has not produced any document to show that he is connected with Narkani Navajeevan Seva Mandal at V. Madhepalli. It is also conceded by him that Navajeevan Seva Mandal at Ranipet has no account with the opposite party. It is also stated by him that he has no power to withdraw any amount from the account of Narkani Navajeevan Seva Mandal at V. Madhepalli. Therefore, in such circumstances, it is clear that the Forum at Vellore has no territorial jurisdiction to try the case and consequently, it has dismissed the complaint. The conclusion of the lower Forum is thus supported by the materials on record and hence, we do not see any reason to interfere with the same.

(3.) In the result, this appeal is dismissed with cost of Rs.250/- confirming the order passed by the lower Forum.