J.D. Kapoor, President — Complaint of the appellant seeking compensation as to the loss or injury suffered by him on account of deficiency in service on the part of the respondent-Bank with whom he was having Savings Bank Account inasmuch as that the concerned official of the Bank did not care to compare the signatures on the cheque presented to him nor did he care to give weightage to the cuttings and overwriting made in the cheque at different places was dismissed vide impugned order dated 3.12.1993 on the ground that cheque in question was not produced by the complainant in spite of the fact that the cheque was lying with the police authority as a case of fraud and conspiracy was registered against the Bank officials.

2. In our view this is hardly a ground to dismiss the complaint. It was the duty of the District Forum to call for the cheque in question for its satisfaction whether the cheque was rightly declined to be encashed or not. On the face of it the cheque in question has several cuttings and interpolations therein in the figures purporting the initials/signatures of the account holder. In spite of the fact that the signatures of the cheque were found to be not that