IMRAN AHAMAD ANSARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the proceedings being C.R. Case No. 865 of 2019, under Ss. 452/327/341/323/382/354/467/471/120B of the Indian Penal Code, presently pending before the Learned Judicial Magistrate, 2nd Court at Durgapur.

(2.) The petitioners' case is that a Partnership Firm under the name and style of M/s. J.B. Steel, having office at Village Kanksa Mollapara, Panagrah, P.O. Panagarh Bazar, PIN - 713148 (hereinafter referred to as the "said Firm"), through its constituents, approached Bank of Baroda, a body corporate constituted under the Banking Companies (Acquisition and Transfer of undertaking) Act, 1970, having its head office at the Mandvi, Baroda and carrying on banking business amongst other places at its branch at Panagarh, Panagarh Bazar (rail par), opposite Agragami Club, Panagarh, P.S. Kanksa, Paschim Burdwan, West Bengal, PIN - 713 148 (hereinafter referred to as the "said Bank") for financial assistance and upon execution of various documents, declaration and undertakings, the said Bank of Baroda had granted a Cash Credit facility in favour of the said M/s. J.B. Steel with a limit of Rs.20,00,000.00 (Rupees Twenty Lac) only, by way of a Sanction Letter dtd. 30/5/2013.

(3.) That in order to secure the said credit facilities one Noor Hossain Sekh alias Sk. Noor Hossain, residing at Kanksa, Molla Para, Paschim Burdwan, PIN - 713148, stood as Guarantor to the said credit facilities obtained by the said Firm and had created a valid equitable mortgage of all that property lying and situated at Mollarparar, near Mohammadam Sporting Club at Plot No. 244, Khatian No. 170/HAL, Khatian No. 404, Mouza Debipur, P.S. Kanksa Sub-Division Durgapur, District Burdwan, PIN - 713148, having a total area of 04 decimals, in the name of Noor Hossain Sekh alias Sk. Noor Hossain.