Sri Shyamal Gupta, Member

This Appeal is directed against the Order dated 15-12-2017, passed by the Ld. District Forum, Hooghly in CC148/2014, whereby the complaint case has been allowed.

The instant complaint case was filed by the Respondent alleging gross negligence on the part of the Appellant Bank in the matter of clearance of a cheque pertaining to his account. The Appellants, however, denied any lapses on their part.

In this regard, both sides were heard at length and documents on record gone through.

It appears that, for the purpose of ascertaining the authenticity of the signature contained in the disputed cheque, the matter was referred to a hand-writing expert and after thorough scrutiny, he opined that the disputed signature did not belong to the Respondent.  On the basis of such finding of the expert, the Ld. District Forum allowed the case.  We do not think, in doing so, the Ld. District Forum committed in legal infirmity. 

It is though contended by the Ld. Advocate for the Appellants that their employees are not hand-writing experts, we think, such bizarre argument is not tenable in law. 

It is the sacrosanct responsibility of the concerned officials of the bank to take utmost precaution while clearing a cheque; more so, while the amount at stake was quite substantial. 

It is indeed surprising that though the signature was verified by more than one bank official, none of them detect the discrepancy in signature.  Lacunae of this sort only lay bare the inaptitude of bank officials concerned which cannot be supported under any circumstances. 

Being the custodian of public money, bank officials are expected to be extremely vigilant while discharging their professional responsibilities.

The Appellants though blamed the Respondent for not keeping the cheque book safely, let us not forget that it does not in any way lessen the responsibility of bank officials.  Had due care been taken, the cheque would certainly not pass muster the judicial scrutiny of bank officials and the miscreant would be caught red-handed.

We find no merit in this Appeal.  However, considering all aspects, we exonerate the Appellants from the liability of paying cost @ Rs. 100/- per day as decreed in the impugned order.  Otherwise, the same will remain unaltered. 

The Appeal, thus, stands allowed in part.