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august 2009

Supreme Court of India · 2009-08-21

M.N.OJHA & ORS. vs ALOK KUMAR SRIVASTAV & ANR.

Citation / case number
SC 2007/63125
Court
Supreme Court of India
Petitioner
M.N.OJHA & ORS.
Respondent
ALOK KUMAR SRIVASTAV & ANR.
Author
B.SUDERSHAN REDDY

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the petition for quashing criminal proceedings against the guarantors under Section 420 IPC, ruling that the bank's actions in appropriating Fixed Deposit Receipts (FDRs) were justified due to the borrower's default. The Court established that the guarantors, having executed a guarantee agreement, could not claim innocence when the bank acted to recover dues. The judgment reinforced the enforceability of guarantees and the responsibilities of guarantors in loan agreements.

M.N.OJHA & ORS. vs ALOK KUMAR SRIVASTAV & ANR. · Niyam