(1.) Heard Shri Satish Bhat, learned advocate for the petitioner, Smt. B.G. Namitha Mahesh, learned HCGP for the State and Shri. N. Shankaranarayana Bhat, learned advocate for respondent No.2 - Saraswat Co-operative Bank limited.
(2.) For the sake of convenience, parties shall be referred to as per the status before the learned Magistrate.
(3.) The Bank gave a complaint on 26.12.2011, to the Station House Officer of Upperpet Police Station stating that during the usual course of the audit in the Bank, it was found that the borrower and the guarantor had falsely declared their business address. The Bank had sanctioned loan based on such declaration. Borrower and guarantor had made the Bank to believe that the information and declaration were true. They had thus misrepresented and committed criminal breach of trust.