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august 2009

Supreme Court of India · 2009-08-21

M.N.OJHA vs ALOK KUMAR SRIVASTAV

Citation / case number
SC 2007/9395
Court
Supreme Court of India
Petitioner
M.N.OJHA
Respondent
ALOK KUMAR SRIVASTAV
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, affirming that the bank's actions in appropriating Fixed Deposit Receipts (FDRs) were justified due to the borrower's default. The Court established that guarantors can be held liable for the borrower's debts when they have executed a guarantee agreement, and that the bank's prior notice to the guarantors was sufficient to initiate proceedings. The appeal was dismissed, maintaining the status of the ongoing trial against the guarantors.

M.N.OJHA vs ALOK KUMAR SRIVASTAV · Niyam