USHA TANWAR Vs. STATE

JUDGEMENT

(1.) PRESENT petition has been filed under Article 227 of Constitution of India seeking to set aside order dated 07th January, 2009 whereby Motor Accident Claim Tribunal has dismissed petitioner?s application for issuance of a fresh cheque for an amount of Rs. 2,71,406/- in place of dishonoured cheque for same amount issued by respondent No.2 in lieu of compensation awarded by Court.

(2.) LEARNED counsel for petitioner states that aforesaid cheque was the second cheque which was to be kept in Fixed Deposit Receipt for a period of five years. He further states that said cheque was dishonoured as it was mutilated in the process of clearing. Learned counsel for petitioner has drawn my attention to Certificate dated 15th April, 2008 issued by State Bank of India wherein it has been stated that though they had received the cheque in good condition but the cheque had been mutilated in the process of clearing. The said certificate states as under:-

(3.) LEARNED counsel for petitioner submits that findings rendered by Motor Accident Claim Tribunal are unwarranted and contrary to facts and circumstances of case.