TAX PUBLISHER S/O LATE PANDIT KEDAR NATH OJHA Vs. CHAIRMAN & MANAGING DIRECTOR, UCO BANK & ANR; UCO BANK SARDAPURA BRANCH OF UCO BANK

JUDGEMENT

(1.) Ia No. 8690 of 2014 & 12645 of 2016

(2.) The material facts, relevant for the disposal of this Appeal, are as follows:-

(3.) Upon notice, the Bank contested the Complaint, by filing its Written Version. While admitting that the Complainant had a Cash Credit limit of Rs. 80.00 lakhs with it and an internal enquiry had been conducted by its Chief Officer, who concluded that the signatures on the cheques in question differed with the specimen signatures of the account holder, it was averred that the said Chief Officer was not an expert; On 07.03.2009, in the night at 10.15 p.m., the Proprietor of the concern Shri Avadhesh Ojha, reported the matter to the Branch Manager; on verification/scrutiny of the account on 08.03.2009, the Complainant informed the Bank that Cheque No. 492296, dated 02.03.2009, for Rs. 19,52,407/-, and Cheque No. 492299, dated 01.03.2009, for Rs. 11,76,438/-, both issued in favour of M/s V.S. Enterprises, were not issued by him; thereafter, the account of M/s V.S. Enterprises was also scrutinized, from which, besides certain other transactions, it transpired that the proceeds of both the cheques in question were credited in the account of the said concern maintained with Bank's Branch; thereafter sums of Rs. 11,50,000/- and Rs. 9,52,000/- were withdrawn in cash from the said account by Vimal Sharma, the Accountant of the Complainant; The account of M/s V.S. Enterprises, of which Vimal Sharma was the Proprietor, was introduced by the grandson of the Complainant in the year 2008, which fact was within the knowledge of the Complainant; as mentioned on the covering page-2 of the cheque-book, the Complainant was required to keep the same in safe custody but he did not take due care when the cheque-book was returned by Vimal Sharma, inasmuch as at the said time, had he counted the leaves and not kept the cheque-book negligently, the attempt to steal the cheques in question could have been detected; since the account of M/s V.S. Enterprises was operative since 2008, there was no reason to suspect the transactions therein; with regard to cheques in question on 17.03.2009 Bank's Branch (Respondent No.2) obtained opinion of a handwriting expert, Shri R.K. Thakur, who opined that the signatures on the disputed cheques and the specimen signatures were made by the same person and hence there may not be any forgery on the said cheques and on 09.03.2010, the Complainant made a representation to the Bank, requesting for restoration of Rs. 31,28,845/- with interest. It was also pleaded that since on 31.03.2010, the Bank had reduced the Cash Credit limit of the Complainant, being unhappy, he shifted the said account/facility to Axis Bank, Jodhpur Branch on 10.06.2010, after clearing the amount outstanding against him in his account with the Bank through the new Bank account. It was stated that the case against the Accountant was pending trial in the Court, wherein the Bank's staff was appearing as witness and no charge-sheet was filed against any of the staff members of the Bank and hence, in view of uncertainty about the genuineness or otherwise of the signatures on the cheques in question, the Bank was not in a position to pay any amount to the Complainant till the facts were clear beyond doubt.