B.D. Agarwal, J.

1. 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 debt 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. The appeal and revision petition are directed against the judgment dated 09.11.2011, 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 05.01.2010, whereby the accused has been convicted u/s. 138 of the NI Act.

2. I have heard Sri A.K. Bhuyan, learned counsel for the appellant and the respondent/accused was represented by 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.

3. The complaint u/s. 138 r/w S. 142 of the NI Act was filed by the appellant in Criminal Appeal No. 10 of 2012 pleading that