JUDGMENT

Dr. S.K. Panigrahi, J.

The Petitioner through this Writ Petition has challenged the order dated 22.06.2023 passed by the President, State Consumer Disputes Redressal Commission, Odisha, Cuttack in C.C No.24 of 2021, the same being completely without jurisdiction, illegal and unsustainable in the eye of law.

I. Factual Matrix of the Case:

2. The petitioner's deceased son being a proprietor entered into a contract to supply building materials like chips, sand & boulders and provide machineries on rent to the O.P. The O.P had made certain excess payment to a sum of Rs. 1,03,08,600/-. Hence the proprietor issued 3 nos. of postdated cheques of different amounts and different dates for repayment of the same.

3. Unfortunately, the petitioner's son/proprietor expired due to a tragic car accident. The O.P on presenting such postdated cheques before the bank, the same returned dishonored on the ground of "insufficient funds" and "other customer deceased."

4. The O.P issued notice to the present petitioner U/s 138 (b) of Negotiable Instrument Act, 1881 although the present petitioner is not the author of the cheque nor anywhere a signatory to the agreement or has a buyer seller relationshi