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2019 Supreme(Kar) 1318

B.A.PATIL
State Bank of Mysore (Now State Bank of India) – Appellant
Versus
P. Mukundan S/o Late G. Parthasarathy – Respondent


Advocates Appeared:
For the Petitioner:Sri Jayakumar S. Patil, Senior Counsel for Sri A. Mahammed Tahir, Advocate
For the Respondent:Sri Rajadithya Sadashivan, Advocate for R1, Vide order dated 29.05.2019 notice to is dispensed with

ORDER :

Though this case is listed for admission, with the consent of learned counsel appearing for the parties, the same is taken up for final disposal.

2. This petition has been filed by petitioners-accused Nos.1 to 3 challenging the order passed by LX Additional City Civil and Sessions Judge, Bengaluru in Crl.R.P.No.588/2018 dated 29.11.2018.

3. I have heard Sri.Jayakumar.S.Patil, learned Senior Counsel appearing for Sri. Mohammed Tahir.A., learned counsel for petitioners-accused and Sri.Rajadithya Sadashivan, learned counsel for respondent No.1- complainant. Notice to respondent Nos.2 to 10 is dispensed with vide order dated 29.05.2019.

4. The case of the respondent No.1/complainant before the Court below is that, he filed a private complaint against the petitioners herein and other accused persons alleging that complainant held a fixed deposit along with his father in State Bank of Mysore, Chamarajpet Branch from 16.7.1996. As and when the fixed deposit matured, the maturity value would be rolled over and new fixed deposit receipt used to be issued. The payment of initial FD and every subsequent roller over FD was “either or survivor”. All the FD receipts and interest certificates

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