I.L.N.V. PRASAD REDDY Vs. MALIM ISHAQ

JUDGEMENT

(1.) The opposite parties no.1 and 2 are the appellants.

(2.) The appeal is challenge to the order passed by the District forum-III, Hyderabad in C.C.No.39 of 2006.

(3.) Briefly stated the facts of the case as represented by the complainant is that the opposite parties no.1 and 2 issued account payee cheque bearing No.002320 dated 24.8.2005 for Rs.1,64,000/- drawn on the opposite party no.4 in discharge of the legal debt. As per the request of the opposite parties no.1 and 2, the complainant presented the cheque before his banker i.e., opposite party no.3 on 20.2.2006 for realization. As per the procedure opposite party no.3 should send the cheque to opposite partyno.4 for collection and after receiving the amount from opposite party no.4 it should be credited to the account of the complainant. The cheque was returned unpaid by the oppose partyno.3 along with return memo dated 24.2.2006 issued by the opposite party no.4 stating that the validity period of the cheque was expired. Though the complainant presented the cheque within the date the opposite party no.3 deliberately delayed in sending the cheque for collection. The opposite party no.4 also delayed in clearing the cheque. On 5.5.1006 the complainant got issued the legal notice to the opposite parties no.3 and 4 with a demand to pay the cheque amount but they failed to do so. Hence, the complaint sought direction to the opposite parties no.1 to 4 to pay the sum of Rs.1,64,000/- towards the cheque amount, interest, compensation and costs.