C528/353/2025
2025 Latest Caselaw 3602 UK

Uttarakhand High Court

C528/353/2025 on 8 April, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office     Notes,
                   reports, orders
                   or proceedings
SL.
         Date      or     directions                      COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                   order        with
                   Signatures
      08.04.2025                       C528 No.353 of 2025
                                       Hon'ble Vivek Bharti Sharma, J.

Mr. Harsh Vardhan Dhanik, learned counsel for the petitioner.

2. This petition under Section 528 of the B.N.S.S. is filed for quashing and setting aside summoning order dated 21.11.2024 passed by learned 3rd Additional Senior Civil Judge, Rudrapur, District Udham Singh Nagar in Criminal Case No.3382 of 2024 "Shriram City Union Finance Limited Vs. Sarabjeet Singh" U/s 138 of the Negotiable Instrument Act along with entire proceedings of the above Criminal Case.

3. Learned counsel for the petitioner/ accused would submit that the petitioner/accused was only the guarantor of the loan, therefore, he should not have been prosecuted under Section 138 of the N.I. Act. Learned counsel for the petitioner/accused would rely upon the judgment of Hon'ble Supreme Court rendered in the case of Dilip Hariramani Vs. Bank of Baroda (2022) SCC OnLine SC579, however, he would fairly concede that in this judgment it is not stated if the guarantor himself had issued the cheque in favour of the complainant or not.

4. Issue notice to the respondent through ordinary process and registered post, acknowledgement due as well as by email and WhatsApp, if available.

5. Steps to be taken within two weeks.

6. List this case on 20.06.2025 for arguments on admission.

(Vivek Bharti Sharma, J.) 08.04.2025 SS