THE HlGH v. I nder

have heard learned counsel for t he pet it ionerand in personand have gone t hrought he recordsoft he case Learned counscl t he pet it ionerhas subm ined t hat t he I eam ed Addit ional Sessions Judgehas accept edt he revlsion pet it iononly t he groundt hat t here is no liabilit yof t he bearer of t he chequeieee accusedagainstt he t hat The case oft he accused st ood guarant orfor t he repaym entof t he debt s of BrijMohan 1 C 0 C I 0 I Z r I 08 m 7 The Z 1CllS can be flled againstt he guarant oralso ln view of aut horit y Lt d vse Beem na Shabeer and anot her AI R 2002 Suprem e Court 3014 The debt soft he principaldebt or is ext ensivewit h t he debt of G guarant orSo it cannot be said t hat t herewas no debt 1e no legalI iabilit y The im pugnedorder is liable t o be set aside on t his groundalone Respondentwho is in person has supporledt he im pugned j udgm entand has subm it t edt hat Brij Mohan has different account No 1193 whereast he chequein quest ionwas bearingaccount Nol 194 1 belonging t o t he I t is adm it t edby t he counsel for t he part iest hat t here is no I iabilit yin respectof t he loan am ount of t he respondentThe chequein quest ion1S not in respect of liabilit yof Brij Mohan I n fact com plainantfllcd com plaintunder Sect ion 138 of t he Act againstBrij Bat ra Am it Sh. Charanj it Bat ra 12: 03 True Scannend Copy Of Original PHHC,Chandigarh t he JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 448 Crim inalMisc NoM 15 of 2006 4 Mohan regarding t he sam e ainountwhich has been claim ed from t he accused in t he I n t hat coinplaintBrij Mohan was declared offcnderand t hat flle has been consignedt o records in t he year 2003 lt is subm it t ed t hat t he and Brij Mohan have raised loan t from t he Different blank chequesused t o be t aken by t he from t hem when t he I oan is advanced The blank cheque 0 3 I C5 1 I C 7 Z issuedby t he in respectof his loan am ount has been used by t he com plainant111t he presentcase There is no agreem entof placedon t he flle by t he So t his fact clearlyshows t hat had not st oodguarant orfor t he repaym entof t he loan So t he aut horit yI eCDS Lt ds case fsupral m ent ionedabove does not help t he pet it ionerin any m anner 1 havcconsidered t he subm issionsm ade by bot h t he sides and havegone t hrought hc recordsoft he case lt is adm it t edbyt he I earnedcounsel for t he pet it ionert hat Brij Mohan raisedI oan from t he Sect ion138 of t he Act wcre init iat ed againsthim lt is also not disput ed t hat said Brij Mohan was declared proclaim edoffender and t hat Ole was consignedt o record room in t he year 2003 The back side of t he cheque cont alns account No 194 which belongedt o t he and it 1S also not disput edt hat account of Brij Mohan was differeni So t he chequein quest ioncannot be said t o be in respectof liabilit yof Brij Mohan cannot Ole t wo undcr Sect ion 138 of t he Act againstBrij Mohan t he principaldebt or and Bat ra Am it Sh. Charanj it Bat ra 12: 03 True Scannend Copy Of Original PHHC,Chandigarh againstt he respondentwho is allegedt o be a guarant or JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 449 1 Crim inalMisc NoMl 15of 2006 5 m r 0 C I C5 Z a5 1I 7 Z I t is not t hat t here is no I egalliabilit yof accused of his loan account as all t he am ount has been st at edt o be paidbyhim From t he perusaloft he com plaintunder Sect ion 138oft he Act it is clear t hat it is nowhere m ent ionedt hat any guarant eeagreem ent was execut edbyt he accused in respectof t he loan of Brij Mohan So t he aut horit yleCeDeSeLt des case 4supralrelicd upon by t he leam ed counsel fort he pet it ionerdoes not helpt he pet it ionerln any m anner I n view of t he above discussion pet it ionunder Sect ion 482 CrPC is wit houtany m erit and t he sam e st andsdism issed A copy of t his j udgm entbe sent t o t he t rial Court for st rict I CCPUR1 I JUDGE 1 2010 SVe 1 f 19 ry5 Bat ra Am it Sh. Charanj it Bat ra 12: 03 True Scannend Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document