MANISHKUMAR RAMESHBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner herein has prayed for quashing of criminal complaint bearing C.R.No.122/05 filed before Visnagar Police Station.

(2.) Facts which are seriously not in dispute are as follows:

(3.) The petitioner was a guarantor in one loan given by the complainant bank in favour of one Rajendra Granite Private Ltd. of Rs.20 lacs. The loan amount was not repaid as per the terms of the loan between the parties. The Bank, therefore, filed a Lavad Suit before the Board of Nominees. It is not in dispute that the Lavad Court passed a decree in favour of the Bank. Apparently,the petitioner herein deposited a sum of Rs.4 lacs with the Bank on 3.5.2005 to discharge part of the liability towards loan. In the meantime, he had also written a letter dated 20th February 2004 to the Bank stating that sufficient property of the principal borrower is in the bank which would satisfy the demand of the Bank.