GURMEET vs State BANK OF INDIA CRMM 55404/22 27/04/24 [ HARKESH JUSICE ]

[ PUNJAB HARYANA HIGH COURT ]

Section 482 CRPC NI ACT Section 138 Dishonour of cheque – Quashing of complaint and summoning order – Petitioner admittedly stood as guarantor to loan facility availed by Company from Bank – Petitioner is neither Director nor in any manner in-charge of or responsible for day to day functioning of Company –

Besides making bald averment regarding petitioner being in-charge of or responsible towards Company, no such material or document provided in entire complaint to support this averment – Status of petitioner being guarantor can at best create civil liability against him as regards complainant, however, same in any manner cannot make him vicariously liable under Section 138 read with section 141 of Negotiable Instruments Act on account of dishonour of a cheque having been issued by Director of company towards discharge of its loan amount due towards Bank – Hence, quashing of complaint and summoning order.

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6. In the present case, the petitioner admittedly stood as a guarantor to the loan facility availed by the Company from respondent- Bank. The petitioner is neither a Director nor in any manner in-charge of or responsible for the day to day functioning of the Company. Besides making a bald averment regarding the petitioner being in-charge of or responsible towards the Company, no such material or document has been provided in the entire complaint to support this averment. The status of petitioner being a guarantor can at best create a civil liability against him as regards the respondent-complainant, however, the same in any manner cannot make him vicariously liable under Section 138 read with Section 141 of Negotiable Instruments Act on account of dishonour of a cheque having been issued by the Director of the company towards the discharge of its loan amount due towards the respondent-Bank. The aforesaid viewhas even been derived from the law laid down by Hon’ble the Supreme Court in “Pooja Ravinder Devidasani’s” case (supra).

7. In view of the aforesaid discussion, the present petition is allowed, the complaint bearing No. COMP/10342/17 filed under Section 138 of Negotiable Instruments Act as well as the summoning order dated 26.07.2019 passed by Court of Ld. JMIC First Class, Ludhiana are hereby quashed qua the petitioners.

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CRM-M_55404_2022_27_04_2023_FINAL_ORDER GURMEET KAUR STATE BANK OF INDIA The law literates

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