The petitioner in the above writ petition seeks a mandamus against the Co-operative Bank, the respondent herein, to return the cheque bearing No.198581 drawn on the Dhanalakshmi Bank, Karunagappally Branch, for an amount of Rs.5,00,000/- [Rupees five lakhs only]. The said instrument is said to have been dishonoured. However, the petitioner's grievance is that the dishonoured instrument has not been returned to him till date and the petitioner is unable to take any proceedings against the drawer of the cheque. It is also averred that the Bank has debited the charges for the dishonour of the cheque; but, however, has not returned the cheque.
2. In the statement before the Bank, the Bank admits the presentation of the cheque and the dishonour as also the debit of charges from the account. However, the case of the respondent-Bank is that, they have despatched the cheque through ordinary post and, hence, the respondent does not have any liability on that count.
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3. However, it is to be verified as to whether there is any procedure under which a cheque could have been despatched as contended by the Bank. Further, as the learned counsel for the petitioner submits, there is absolutely no document produced by the Bank which would evidence the despatch of the cheque. In any event, since the issue involved requires a factual adjudication, this Court would not be able to pass any orders under Article 226 of the Constitution. The petitioner would be reserved the remedies available to the petitioner before the appropriate forum. All the contentions of the petitioner are left open.
The writ petition would stand closed.
vku.
Sd/-
K.Vinod Chandran, Judge ( true copy )