SRIKANT M ABUJ Vs. SOHARAB SEKH

JUDGEMENT

(1.) Being dissatisfied with the proceeding being CR case No. 68/2018 under sec. 323, 341/34 of the Indian Penal Code, pending before the learned court of Judicial Magistrate, First Court, Kalna, Purba Burdwan, Present application under sec. 482 read with sec. 401 of the code of Criminal Procedure has been preferred. Petitioners herein contended that opposite party/complainant's father namely Rabiul Sekh is the borrower of the petitioner's bank and approached for a term loan of Rs.8.00 Lakhs and additional adhoc loan of Rs.1.50 Lakhs. After perusing and verifying all the documents, the bank had sanctioned the term loan and same was disbursed which was duly accepted by the opposite party/complainant's father, without any protest.

(2.) At the time of sanctioning the said term loan, the opposite party mortgaged the property, which is the property in question in the present complaint and opposite party also mortgaged deed lying in the custody of the petitioner's bank, including the form of intent to mortgage dtd. 10/3/2008 and the memorandum of title deeds dtd. 11/3/2008 duly executed by the opposite party in favour of petitioner's bank.

(3.) Since the borrower /opposite party's father made default in payment of loan amount, the bank was constrained to issue a notice under sec. 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 hereinafter called as SARFAESI Act, on 17/6/2010 and bank on 11/1/2011 was constrained to issue possession notice under sec. 13(4) of SARFAESI Act with Rule 8(1) of SARFAESI Rule 2002. The total due of bank is Rs.56,22,010.13 as on 18/7/2019.