B.D.Agarwal, J.—In this case the moot question to be decided is as to whether a person indemnifying the holder of a cheque can be said to have legally enforceable delbt or other liability towards the holder of the cheque when the payer defaults in payment of the cheque amount u/s.138 of the Negotiable Instruments Act, 1881.

2. The appeal and revision petition are directed against the judgment dated 9.11.2011, passed by the learned Sessions Judge in Criminal Appeal Nos.9 of 2010, affirming the judgment of the learned Judicial Magistrate, passed in CR Case No.270 of 2008 dated 5.1.2010, whereby the accused has been convicted u/s.138 of the NI Act.

3. I have heard Sri A.K.Bhuyan. learned counsel for the appellant and the respondent/accused was represented b. Sri AB Choudhury, learned senior counsel. who was ably assisted by Sri M.J.Baruah. learned counsel. Also heard Sri K.Munir, Additional Public Prosecutor for the State of Assam. I have also gone through the impugned judgments and the oral and documentary evidence, proffered by both the parties.

4. The complaint u/s.138 r/w S.I 2 of the Nl Act was filed by the appellant in Criminal Appeal No.10 of 2012 pleading that the c