UCO BANK Vs. NARENDRA KUMAR GUPTA

JUDGEMENT

(1.) Appellant Bank by Mr. Shukla, Advocate. Respondent by Mr. Kanodia, Advocate. We have heard Mr. Shukla, Advocate, who states that the original cheques should be got produced from the Police Station, Goregaon. Such cheques are produced in Crime No.296/91. The State Commission had forwarded a letter in that behalf but it seems that the original cheques are not being tendered by the Police Station. It is claimed that the Police has sought time. We find that the notice was served on 3.7.1999 and that the date today is. Enough time has been granted. We have perused the judgment of the District Forum, Mumbai in C/376/91. We find that such a speaking judgment is enough to uphold this order. The complainant was having current account with the opposite party. The complainant was issued cheque book.3 cheques were issued on 23.2.1991,26.2.1991 and 27.2.1991 respectively for Rs.40,000/-, 35,000/- and 20,000/-. The amounts were debited to the account of the complainant. All these cheques were issued beyond the knowledge of the complainant. Obviously, these cheques were forged cheques. The District Forum carried out the visual inspection of those signatures and compared them with the admitted signatures, the District Forum clearly found that those cheques were forged cheques. It is also observed in the judgment that it was the duty of the Bank to have tendered some expert opinion to support this case that the signatures were not forged. Now, since the District Forum was competent enough to carry out the visual inspection and arrived at its own conclusion, the law does not bind the District Forum with the opinion of the experts. The expert opinion is only for the assistance and not for limiting the jurisdiction of the District Forum. Since these observations are clearly mentioned in the judgment, we have no reason to differ from the conclusions recorded by the District Forum. The District Forum has ordered the repayment with interest. We confirm that order and accordingly pass the following order. ORDER

(2.) The appeal is dismissed. The order of the District Forum is confirmed. The Bank to comply with the order forthwith within 4 weeks.