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2000 Supreme(AP) 418

T.CH.SURYA RAO
Maripalli Mahirathnam Gupta – Appellant
Versus
State Of A. P. – Respondent


T. SURYA RAO, J.

( 1 ) THE revision petitioner assails the conviction and the sentence passed by the II Additional Judicial Magistrate of first Class, Nellore by his Judgment dated 28-11-1994, in CC No. 331 of 1989 convicting him for the offence under section 420 of IPC and sentencing him to suffer rigorous imprisonment for six months and further sentencing him to pay a fine of rs. 1,000/- and in default to suffer simple imprisonment for one month and confirmed by the I Additional Sessions Judge, Nellore; by his judgement dated 6-5-1999 in Criminal appeal No. 139 of 1994.

( 2 ) IN connection with picturisation of motion picture entitled "bharya Bharthala bhagavatham" in the year 1987, it is said that the petitioner approached PWs. l, 2 and 3 for loan. PW1 paid an amount of rs. 80,000/- to the petitioner as loan on the foot of the promissory note dated 25-8-1987 in Ex. Pl. PW2 advanced an amount of rs. 70,000/- on the foot of another promissory note dated 27-6-1987 in Ex. P9. PW3 paid an amount of Rs. 70,000/- on 17- 8-1987 under Ex. Pl0-promissory note. Interest was stipulated at 24 per cent per annum. It is the further case of the prosecution that the petitioner could not repay the
















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