Manish Sharma vs Shriram Transport Finance Company ...
2023 Latest Caselaw 21717 MP

Madhya Pradesh High Court

Manish Sharma vs Shriram Transport Finance Company ... on 18 December, 2023

Author: Anand Pathak

Bench: Anand Pathak

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR MCRC No. 51470 of 2023 (MANISH SHARMA Vs SHRIRAM TRANSPORT FINANCE COMPANY LIMITED CITY CENTER GWALIOR THROGH AUTHORUSED PRATINIDHI LAVKUSH )

Dated : 18-12-2023 Shri Ashutosh Pandey - Advocate for the petitioner.

This is a case where petitioner is taking exception to the proceedings initiated against him under Section 138 of the Negotiable Instruments Act. It is submitted that he is guarantor in a transaction and cheque was issued by Anil Gupta. Therefore, he can only be arrayed as accused because he is drawer of

the cheque and petitioner has no role to play. A guarantor cannot be implicated as accused. After arguing for a while, learned counsel for the petitioner sought time to explore the judgments over this aspect.

As prayed, list in the month of January, 2024.

(ANAND PATHAK) JUDGE

Anil*