IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 19134 of 2010(N) -------------------------- PETITIONER(S): --------------- SHAHUL HAMEED.P.T, POURATHODIYIL HOUSE, THRITHALA P.O., PALAKKAD DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SMT.V.K.SHEMEENA SRI.M.S.UNNIKRISHNAN (OASIS) RESPONDENT(S): --------------- 1. THE ASST.GENERAL MANAGER, (REGION), K.S.F.E.REGIONAL OFFICE, THRISSUR. 2. THE BRANCH MANAGER, K.S.F.E., PATTAMBI BRANCH, PALAKKAD DISTRICT. ADV. SRI.K.S.HARIHARAPUTHRAN,SC,K.S.F.E. LTD FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 19134 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th day of July, 2010. J U D G M E N T In respect of a chitty transaction between the petitioner and the Kerals State Financial Enterprises, the petitioner issued a cheque to the 2nd respondent, which was dishonoured. The petitioner later made good the amount covered by the cheque. The petitioner's grievance now is that the original bounced cheque is not being returned to the petitioner. He therefore seeks the following prayers: “(i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to return back the original cheque of the petitioner bearing No. 430343 dated 22-4- 2010 for Rs. 5,000/- drawn on Canara Bank, Patambi Branch, forthwith. (ii) Declare that the practice followed by the respondents in keeping the original cheque of the customers as a proof after receipt of payment covered in the cheque with fine amount, is illegal and arbitrary.” 2. The respondents do not dispute the fact that the amount covered by the bounced cheque has been made good by the petitioner. Their only contention is that the original bounced cheque is required for accounting purposes. 3. I am of opinion that once the amount covered by the bounced cheque is paid, the payee is duty bound to return the original cheque to the drawer of the cheque. At the most, the payee can retain a photo copy of the same. In the above circumstances, this writ petition is disposed of with a direction to the respondents to return W.P.C. No. 19134/2010. -: 2 :- the cheque bearing No. 430343 dated 22-4-2010 for Rs. 5,000/- drawn on Canara Bank, Pattampi branch to the petitioner forthwith. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.