SAJI OOMMEN PANICKER vs DECENT JUNCTION SERVICE CO-OPERATIVE BANK LTD.

HEARD.

THE greivance highlighted before us by the learned Counsel for the appellant on behalf of the appellant who is challenging that part of the order passed by the CDRF, Kollam in OP : 64/02 whereby it declined to allow the appellant to realise the amount covered by the cheque which was lost or missing from the custody or possession of the 1st opposite party Bank is disallowing of that relief by the Forum below. It is the complainant''s own case that the cheque issued to him by the drawer is not yet encashed by anyone and that cheque is missing. THE legal position is that the drawer of a cheque promises the person to whom cheque is issued that the cheque on presentation would yield the amount in cash. A cheque is a Bill of Exchange drawn on a specified Banker. A Bill of Exchange is an instrument in writing containing an unconditional order directing a certain person to pay a certain sum of money to a certain person. It involves a promise that such money would be paid (See National Insurance Company v. Seema Malhotra, II (2001) SLT 228=I (2001) ACC 317 (SC)=2001 AIR SC 902). Counsel fairly submitted before us that the liability of the drawer to pay the amount covered by the cheque is not discharged merely on issuing a cheque and the liability will be discharged only on encashment of the cheque by the appellant. He submitted fairly before us the remedy open to appellant is to preceed against the drawer of the cheque for realisation of the amount covered by the cheque issued by him on the ground that the liability is not yet discharged. Counsel submitted before us that the cheque was issued to the appellant by the drawer of the cheque for the amount due to him (appellant) from the drawer. THEre is no merit in the submission made on behalf of the appellant that the Forum below erred in not granting the relief of allowing him to realise the amount covered by the cheque from the 1st opposite party Bank. For deficiency in service on the part of respondent Bank compensation is awarded. We find no ground to admit the appeal and hence dismissed. Appeal dismissed.