1. This petition is filed seeking to quash the proceedings in C.C.No.2065/2009 pending on the file of IV Addl.JMFC, Belgaum.

2. It is the case of the respondent who is the Co-operative Credit Society that one Saroj had taken a loan of Rs.50,000/- and that this petitioner stood surety for the said loan amount and that since the said Saroj has not paid the loan taken by her, the blank cheque issued by this petitioner is filed up by the society for an amount of Rs.64,000/-and presented the same for payment.

3. Heard both learned Counsel.

4. The learned counsel for the petitioner submits that he is neither the borrower nor there is any enforceable liability against the petitioner as on the date of issuance of cheque and that the presentation of the cheque of the petitioner, who is only a surety for the loan taken by Saroj is an abuse of process of law and hence the same is liable to be quashed.

5. The learned Counsel for the respondent submits that the Arbitrator of Co-operative Societies has already passed an award against the said Saroj and the sureties and the execution proceedings are pending.

6. The Hon’ble supreme Court in the case of Damodar S. Prabhu Vs. Sayed Babal