Judgment

Arijit Pasayat, J.—Leave granted.

2. Challenge in this Appeal is to the order passed by a learned Single Judge of the Allahabad High Court, Lucknow Bench. The respondent No. 1 filed a petition under Section 432 of the Code of Criminal Procedure, 1973 (in short the ‘Code’) to quash the direction given to register F.I.R., charge sheet filed after investigation as well as the cognizance taken by the learned Chief Judicial Magistrate (in short CJM) Raebareli. By order dated 13.7.1998 learned CJM had directed the police to register and investigate the case. On 19.7.1998 on the basis of the order passed by learned CJM police registered FIR No. 830 of 1998 for alleged commission of offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 (in short the IPC).

3. Background facts as projected by the appellant are as follows:

Appellant received a notice dated 18.1.1996 from the Union Bank of India, Raebareli asking him to pay back the loan amount with interest amounting to Rs. 1,25,421/-. Appellant was shown to be a guarantor for the loan taken by respondent No. 1 on 30.12.1994. Appellant was surprised to receive the notice as he had never stood as guaranto