Law:

Section:

National Accountability Ordinance (XVIII of 1999)--- ----S. 5(o)---"Person"---Definition---Person standing as guarantor for a loan obtained by the company---Company defaulting in payment of loan---Such person/guarantor liable for prosecution before Accountability Court---Scope---Any person may be a director or employee of the company while at the same time be a guarantor as well---Employee/director in question was the surety or guarantor of the loan facilities etc., availed by the company---According to the terms of the guarantee, employee/director's responsibility under the guarantee was that of a principal debtor and he was liable under the guarantee until all moneys due from the company had been paid, therefore, once the company defaulted in its liability to repay the loan amount, it was the obligation of the said employee/ director to repay the loan amount---High Court was not right in holding that said employee/director, despite being a guarantor, was not liable for prosecution before the Accountability Court---Judgment of High Court was set aside in circumstances---Appeal was allowed accordingly. JUDGMENT ANWAR ZAHEER JAMALI, J.---This civil appeal with leave of the Court in terms of the order dated 16-8-2000, is directed against the judgment dated 30-6-2000, passed by a five member Bench of the Lahore High Court, in Writ Petition No.914 of 2000, whereby the said petition filed by respondent No.1 was allowed and consequently the pending proceedings in Reference No.8 of 2000, against respondent No.2, Mukhtar Hussain, the husband of the petitioner, were quashed with a majority of three to two. 2. The controversy involved in the said petition revolved around the interpretation of "person" as defined in subsection (o) of section 5 of the National Accountability Bureau Ordinance, 1999 (in short "the NAB Ordinance"), which at the relevant time read as under:-- "(o) "Person" includes in the cause of a corporate body, the sponsors, Chairman, Chief Executive, Managing Director, elected Directors, by whatever name called, and guarantors of the company or any one exercising direction or control of the affairs of such corporate body, but will not include employees…

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