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2013 Supreme(AP) 1145

R.KANTHA RAO
Indian Bank, Himayatnagar Branch, Hyderabad, Rep. by its Authorized Officer – Appellant
Versus
State of A. P. Rep by Public Prosecutor High Court of A. P. – Respondent


Advocates:
Advocate Appeared
For the Petitioner:Ambadipudi Satyanarayana, Advocate.
For the Respondents:R1, Public Prosecutor, R2 to R5, Sharad Sanghi, Advocate.

Judgment

1. This criminal petition is filed under Section 482 Cr.P.C to quash the order dated 24.01.2013 passed by the learned 1st Additional Assistant Sessions Judge, Ranga Reddy District at L.B.Nagar in Crl.M.P.No.42/2013 in Crl.M.P.No.888/2012.

2. I have heard the learned counsel appearing for the petitioner Bank, the learned Public Prosecutor, representing the State, learned counsel appearing for respondents 2 to 5 and perused the material available on record.

3. Brief facts according to the petitioner Bank are that the petitioner/Indian Bank, Himayathnagar Branch advanced loan facility to the borrower viz., M/s. MBS Impex Private limited, represented by its Director Sri Sukesh Gupta. Respondents 3 to 5 stood as guarantors by executing necessary guarantee agreements. The loan advanced to the borrower was collaterally secured by mortgage of immovable properties belonging to respondents 2 to 5. Respondents 2 to 5 confirmed the mortgage by executing a registered deed of Memorandum of Deposit of Title Deeds. As the respondents failed to pay the loan borrowed, the Bank considered the said loan account as NPA as per the procedural norms and guidelines issued by the Reserve Bank of In

















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