(1.) Being aggrieved against the dismissal of complaint by the District Forum, the appellant/complainant (hereinafter to be referred to as the complainant) has filed the present appeal.
(2.) The admitted facts of the case are that the complainant handed over a cheque No.757015 for Rs.45,000/-to the respondent/opposite party- State Bank of Patiala, Dharamshala Branch (hereinafter to be referred to as the State Bank of Patiala) on 27.2.1998 for collection from Canara Bank, Manimajra. The amount of cheque has neither been credited to the account of the complainant nor has the cheque been returned.
(3.) The stand taken by the State Bank of Patiala is that they have taken all possible steps for collection of the amount from the Canara Bank, Manimajra and that ultimately the cheque was dishonoured and lost in transit and as such it cannot be returned to the complainant. In substance, according to them, they have taken all possible steps for collection and there is no deficiency of service on their part and they cannot be fastened the liability on that account.