19.1.2018
Present:     Sh.Mukesh Kumar, Advocate counsel for the complainant. 
        
        Heard on the question of admission.
        Briefly stated the facts of the case are that complainant issued a self cheque payable at Axis Bank, Budhlada  amounting to Rs.9 lacs and handed over to Brijesh Tiwari S/o Om Prakash, resident of Nogana, Rajnesh Tiwari S/o Badri Parsad resident of Guara, District Chhattarpur and Dalip Singh C/o Education Guidelines, E-33, Sector 3, Noida.  
        It is alleged that above said persons obtained the cheque from the complainant deceitfully and got encashed in active connivance of the opposite parties and their officials without any ID proof, email ID  proof or any other document required for encashing a self cheque.  
        It is also alleged that amount of Rs. 9 lacs  has been illegally debited to the account of the complainant, however, there was nothing payable to Brijesh Tiwari and others.
        The complainant has prayed for directions to the opposite parties to repay Rs.9 lacs with interest, besides compensation amounting to Rs.2 lacs.     
        We have heard the complainant on the point of admission. 
         The counsel for the complainant has reiterated his averments as set up in the complaint and detailed above. Regarding limitation, the version of the complainant is that criminal case dated 16.1.2016 was registered u/s 420, 467, 468 of the IPC vide FIR No.13 dated 16.1.2016 and during investigation, it was informed to the police that OPs No.3 to 5 were posted at the relevant time as responsible officials of the OP No.1 and they were liable and responsible for making the payment.
        The main grouse of the complainant is that cheque has been got encashed illegally.  The complainant himself has pleaded that cheque was issued by him and encashed on 21.8.2015.  Complainant has also placed on file  statement of account which proves that Rs.9 lacs were debited from the account of the complainant on 21.8.2015.  
        Complaint is regarding illegal encashment of the cheque in question.  Therefore, the cause of action accrued to the complainant on 21.8.2015, the date of issuance of cheque and date of encashment.  Complaint was to be filed within 2 years from the date of cause of action.  Before entertaining the complaint, this Forum is also to examine whether complaint is within limitation.  But this complaint is beyond limitation.  Hence the complaint stands rejected. File be consigned to record. 
PRONOUNCED:
19th  Day of January, 2018

Tejinder Singh Bhangu       Neena Rani Gupta,          M.P.S.Pahwa,        
           Member.                         Member.                          President.

*neera*