TUFAIL AHMED SHAH Vs. JANDK BANK

JUDGEMENT

(1.) Nemo for the appellant, Counsel for repondents present. Last time also nobody appeared for the appellant. We have heard learned Counsel for the respondents and have perused the whole record ourselves. Appeal is directed against the order dated 11.6.2001 passed by the DF whereby DF has dismissed the complaint of the appellant.

(2.) Facts barely needed for disposal of this appeal are that appellant/complainant issued a cheque for Rs.18,000/- in favour of one Mohammad Umar in the name of J and K Bank, Branch Soura in which branch the complainant had Saving Bank Account. The cheque was not cashed and was returned for want of sufficient funds.

(3.) Complainant has filed the complaint with the allegations that he had hired the services of respondent. Respondent failed to collect the amount of Rs.4,000.00 for which complainant had deposited a cheque with the J and K Bank, Soura Branch for collection from Bhaderwah Branch of J and K Bank prior to the issuance of aforesaid cheque for Rs.18,000.00. The cheque for Rs.4,000.00 which was sent to Bhaderwah Branch by the Soura Branch of J and K Bank. The same is reported to have been lost in transit, so Rs.4,000.00 could not be credited in the account of complainant/appellant nor it was debited from the Drawer's Account. Soura Branch thus returned the cheque because there was only round about Rs.16,000.00 in the account of complainant so they returned the cheque for want of sufficient funds.