Mr. Justice Chandrashekaraiah, President—The parties are referred to in this appeal as they are arrayed in the complaint before the District Forum.

2. This appeal is by the opposite party (for short the “O.P.”) challenging the order dated 12.7.2003 passed in Complaint No. 264/2002 on the file of the Consumer Disputes Redressal Forum, Bangalore Urban District, allowing the complaint of the complaint.

3. The case of the complainant is as follows:

The complainant is a Division of M/s. Biswanath Himatsinghka and others, which is a Hindu Undivided Family and is a business concern and M/s. Arihant Fabrics at Calcutta, a business associate of the complainant. M/s. Arihant Fabrics sent a cheque bearing No. 362300 dated 19.3.2001 drawn on the Calcutta Branch of the O.P. Bank in favour of the complainant for a sum of Rs. 1,38,070 which is due to the complainant in respect of the business transaction. As the complainant did not receive the said cheque, it enquired with M/s. Arihant Fabrics regarding non-receipt of the above cheque. On inquiry the complainant was informed that the cheque has already been encashed and this has been reflected in the Statement of Accounts of M/s. Arihant Fabric