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2012 Supreme(SC) 937

RANJAN GOGOI, P.SATHASIVAM
KUMAR ETC. ETC. – Appellant
Versus
KARNATAKA INDUSTRIAL COOP. BANK LTD. – Respondent


JUDGMENT

Ranjan Gogoi, J.-Leave granted in each of the Special Leave Petitions.

2. The appellants who have been acquitted of the charges under Sections 406 and 420 read with Section 34 of the Indian Penal code have filed the instant appeals challenging the conviction ordered by the High Court of Karnataka in the exercise of its Revisional Jurisdiction under Section 397 read with Section 401 of the Code of Criminal Procedure. The appellant in each of the appeals has been sentenced to undergo R.I. for three months for the offence punishable under Section 406 IPC and R.I for six months for the offence under Section 420 IPC. While both the sentences of imprisonment are to run concurrently, each of the appellants has also been sentenced to pay fine or undergo the default sentence that has been imposed.

3. The facts lie within a short compass and may be briefly enumerated herein under. The respondent No. 1 in each of these appeals i.e. Karnataka Industrial Corporation Bank Ltd., Hubli (hereinafter shall be referred to ‘the complainant Bank’) had filed 18 different complaints in the Court of Judicial Magistrate, First Class, Hubli alleging that between 12.07.2003 and 31.03.2004 loans wer





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