A NAGARAJA RAO Vs. BRANCH MANAGER CANARA BANK

JUDGEMENT

(1.) This appeal, by the complainant, is directed against the order dated 4.2.1993, passed by the District Forum, Tumkur, in complaint No. DCFT/ 166/comt.91-92 dismissing the complaint. The facts, briefly stated, are as follows: the complainant who had obtained a cheque dated 31.12.1991, for a sum of Rs.10,000/- in his favour from the District Court, Bangalore Rural District, Bangalore, presented the same to O. P. No.1-Bank for debiting the said amount to his account on 9.1.1992. The said cheque was valid upto 15.1.1992, to be encashed on or before 15.1.1992. Due to lapse and negligence on the part of the Opposite Parties cheque was not encashed, but it was returned to the complainant on 17.1.1992 stating that it was beyond time. The complainant on the basis of these averments, sought the compensation from the Opposite Parties.

(2.) The Opposite Parties filed their version disputing the allegations made by the complainant regarding lapse and negligence on their part and sought the complaint to be dismissed.

(3.) We have called for the records and received.