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2002 (8) TMI 577 - SC - Indian LawsMaintainability of a proceeding under section 138 of the Negotiable Instruments Act, 1881, vis-a-vis, a guarantor - Held that:- Appeal allowed. The High Court, it seems, got carried away by the issue of guarantee and guarantor’s liability and, thus, has overlooked the true intent and purport of section 138. The judgments recorded in the order of the High Court do not have any relevance in the contextual facts and the same, thus, do not lend any assistance to the contentions raised by the respondents. Thus the High Court fell into a manifest error and as such the judgment impugned cannot obtain our concurrence.
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