PRINCIPAL BENCH AT BENGALURU
MR MUKESH K C – Appellant
Versus
STATE OF KARNATAKA – Respondent
Heard the learned counsel for petitioner and the
learned High Court Government Pleader and perused the
material on record.
2.
Complaint filed under Section 200 of Cr.P.C. by
the Manager of Canara Bank, SME Branch, Rambhavan
Complex, Kodialbail, Mangalore, against one Melwin
Noronha alleging offences punishable under Sections 403,
405, 406, 415, 420 and 471 of IPC was referred to police
for investigation, consequent to which, Cr.No.241/2016
came to be registered by Mangalore North Police station
against the said accused.
3.
It is alleged in the complaint that accused is a
customer of complainant’s bank and he availed a loan of
Rs.19,20,000/- on 02.12.2013 by executing necessary
documents in favour of the bank for purchase of a vehicle
by executing Hypothecation Agreement. It is stated that
as per the said agreement, the accused was supposed to
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repay the loan in 70 instalments, but he was irregular in
repayment of the loan and defaulted to pay loan amount
as per agreed terms in the loan agreement. Hence, his
loan account was classified as Non-Performing Assets.
Further, the hypothecated vehicle was also not traced.
On verification, it was learnt that the vehicle
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