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CASE NO.:

Appeal (crl.) 1679 of 2007

PETITIONER:

VINAY DEVANNA NAYAK

RESPONDENT:

RYOT SEVA SAHAKARI BANK LTD

DATE OF JUDGMENT: 07/12/2007

BENCH:

C.K. THAKKER & MARKANDEY KATJU

JUDGMENT:

J U D G M E N T

CRIMINAL APPEAL NO. 1679 OF 2007

ARISING OUT OF

SPECIAL LEAVE PETITION (CRL.) NO. 6908 OF 2007

C.K. THAKKER, J.

1. Delay Condoned. Leave granted.

2. The present appeal is filed against an

order passed by the Court of Civil Judge (Jr.

Dvn.) and Judicial Magistrate First Class,

Ankola on April 12, 2004 in Criminal Case No.73

of 2001, confirmed by the Sessions Judge, Fast

Track Court-I, Karwar on March 24, 2005 in

Criminal Appeal No.50 of 2004 as also confirmed

by the High Court of Karnataka, Bangalore on

December 20, 2005 in Criminal Revision Petition

No.1003 of 2005.

3. Brief facts of the case are that the

appellant herein was a member of Ryot Sewa

Sahakari Bank Ltd., Basgod, Taluka Ankola

(’Complainant Bank’ for short). He had obtained

a loan of Rs.20,000/- from the Complainant-Bank

on April 3, 1998 for business. The amount was

not paid by the appellant. The appellant iss