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C.Y.SOMAYAJULU, V.ESWARAIAH, BILAL NAZKI
OPTS MARKETING PVT. LTD. – Appellant
Versus
STATE OF ANDHRA PRADESH – Respondent


Advocates:
Counsel for the parties :
Milind G.Gokhale, for the petitioners. Public Prosecutor, for the respondent No. 1.

C.Y. Somayajulu, J. - One Mr. Eashwar M.Sajanani filed a private complaint against M/s. OPTS Marketing Pvt. Ltd., and its managing director and the chief executive, alleging that on July 3, 1997, the managing director and the chief executives of M/s. OPTS Marketing Private Limited, had approached him for a hand loan of Rs. 30,000 for their urgent needs, representing that they had the means to repay the amount, and dishonestly and deceptively induced him to part with Rs. 30,000 against two post-dated cheques for Rs. 15,000 each, drawn on State Bank of India, Lalaguda Branch, Secunderabad, and when those cheques were presented for encashment, they were dishonoured. In spite of notice demanding payment of the amount covered by the cheques, they have not repaid the amount and hence are liable for punishment under Section 420 read with Section 34 of the Indian Penal Code, 1860. On January 5, 1999, the learned Magistrate referred the said complaint to Ramgopalpet Police Station, under Section 156(3) of the Criminal Procedure Code, 1973, and directed the police to submit a report by February 5, 1999, on the basis of which a case in Cr. No. 24 of 1999 was registered by the Ramgopalpet Poli















































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