JUSTICE J. M. MALIK, PRESIDING MEMBER(ORAL)

1.      The petitioner is present in person.  Arguments heard at length.

2.      None is present for the respondent.  The respondent is absent despite service.  He may be proceeded against ex parte.

3.      The petitioner, Shri Pranab Kumar Mandal issued a cheque bearing No. 888185 dated 26.2.2008 for a sum of Rs.26,900/- of UBI, South Sinthee Branch in favour of SBI (UBI) Card No. 4317 5753 0488 8887.  On 29.2.2008, the petitioner deposited the money with SBI Bank account.

4.      However, on 1.3.2008,  it came to light through his pass-book that, although, he had got sufficient money in his account but the said cheque got bounced.  The petitioner met with the Branch Manager personally but his efforts did not bring the desired fruit.

5.      On the other hand, the case of the respondent is that cheque was dishonored as there was no fund in the account of the complainant.  It also transpired that as a matter of fact, Shri Pranab Kumar Mandal had deposited after the cheque was dishonored.  The District Forum after remand of the case dismissed the case as frivolous and vexatious and imposed costs of Rs.1,000/-. 

6.      The petitioner submits that he had got enough money in his bank account.  The argument urged by the petitioner lacks conviction.  It is clear that on 26.2.2008, the balance in his account stood at Rs.795.66.  The cheque deposited on 26.2.2008 was returned on 29.2.2008   Both the forum observed that the cheque dated 26.2.2008 could not be honored as the complainant had the balance of Rs.795.66 before 29.2.2008.  The complainant deposited Rs.26,900/- by cash on 29.2.2008.  It is apparent that he deposited the said amount after the said cheque was dishonored.

          The revision petition is without merits, therefore, the same is dismissed.