In this criminal application, the High Court dismissed the appeal against orders dismissing revision against issuance of process for accused no.2 under Section 138, holding prima facie liability exists as he was guarantor.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.635 OF 2006
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Office Notes, Office
Memoranda of Coram, Court’s or Judge’s orders
appearances, Court’s
orders or directions and
Registrar’s orders
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Mr.S.S.Desai for the applicant.
Mr.A.M.Shringarpure APP for the
State.
Coram : R.S.Mohite,J
Date : 19.4.2006.
PC
1. This is an application
against concurrent orders passed
by the 2 lower Courts. The
trial Court issued process under
Section 138 of N.I.Act. Matter
was challenged in revision.
Revision was dismissed. It was
sought to be argued that
according to the complainant the
liability was of accused no.1 to
whom the loan was given.
Perusal of the complaint
however, indicates that it was
for return of this loan amount
that accused no.2 gave the
cheque. Complainant’s daughter
: 2 :
stood as guarantor and prima
facie it is not possible to hold
that there was no liability on
her. In the circumstances,
application stands dismissed.
(R.S.Mohite,J)
2 issues framed by the court
Whether the application against the order dismissed in revision stands allowed or dismissed.
Whether there is prima facie liability on accused no.2 who gave the cheque for return of loan as guarantor.
1 provisions across 1 enactments
Accused No.2
State
R.S.Mohite
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court