SRI. MANSOOR NAGHNOOR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petition coming on for Admission is heard for final disposal with the consent of counsel for the parties. The petition is admitted to file.

(2.) Heard the learned counsel for the petitioner, the learned counsel for the second respondent and the learned State Public Prosecutor.

(3.) The petitioner is arraigned as an accused in a complaint filed by the second respondent before the jurisdictional police. It is the case of the complainant that the petitioner is known to him and that they are well acquainted. The complainant is said to be engaged in real estate business. It is alleged that the petitioner had approached the complainant for a loan of Rs.70 lakh, pleading an emergency. In order to secure due repayment, he had agreed to mortgage certain property. It is said that the complainant had arranged the funds and paid the same to the petitioner, by way of cash, in a total sum of Rs.70 lakh, as on 17.11.2015. The petitioner is said to have executed a 'Memorandum of Mortgage Deed' dated 17.11.2015, in respect of property bearing Flat no.FF -101 and Flat no.FF - 102, First Floor, each with a super built area of 2250 square feet, along with 637.50 square feet of undivided interest in the land, each and Flat no.SF -201, Second Floor of a similar dimension as above, coupled with the undivided interest in the land as mentioned above, along with