24.09.2008.

Appellant is present through Ld. Advocate and also in person.  Respondent is absent on calls.  The Ld. Advocate for the Appellant submits that the Ld. Forum dismissed the complaint vide order dated 30.08.2007 on the ground that the disputed amount for which the complaint had filed, the disputes already stands satisfied as the O.P. had made payment of an amount of Rs.5,90,688/- by cheque.  The Appellant contended that though it is an admitted position that the cheque was paid by the O.P. the fact remains that the cheque could not be encashed for inadequate fund and was returned to the Appellant by the Bank with the said objections.  In the circumstances the payment is a paper payment only and the said amount still remains to be recovered from the Respondent.  The Appellant also contended that the above position regarding return of cheque by the Bank on the ground of insufficient fund had been brought to the notice of the Ld. Forum but the Forum did not take any cognizance of the said fact.  The Appellant also files the Xerox copy of Memo dated 27.04.2003 of HSBC Bank under which the said cheque was returned.  In view of the above facts we are inclined to say that the Ld. Forum had misdirected itself in passing the impugned order.  The order dated 30.08.2007 is accordingly be set aside.  The case is sent back to the Forum below with the directions that the matter be heard afresh giving opportunity to both sides and be disposed of within a period of 90 days from the date of receipt of the copy of this order.  The appeal be allowed ex parte without cost.