Criminal proceedings against Bank officials regarding sanction and disbursement of loan – not maintainable since remedy is under SARFAESI Act. (Judgment enclosed)

Criminal proceedings against Bank officials. Complaint that the bank officers acted illegally in not fully sanctioning the loan and caused loss to borrower. Alternative remedy available under SARFAESI Act. Criminal proceedings on the allegations which are civil in nature are liable to be quashed.Sanction of loan, creation of mortgage and the manner in which the sanctioned loan was to be released or all contractual matters between the parties. Karnataka High Court judgment reversed.

K. Virupaksha and another vs State of Karnataka and others. (2020) 4 SCC 440

Published by rajdakshalegal

Senior Advocate, High Court of Karnataka, Bengaluru

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