-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 5159 OF 2005 APPLICATION NO. 5159 OF 2005 APPLICATION NO. 5159 OF 2005 M/s. Mandot Brothers. ... Applicant. V/s. Ratnadeep Super Market & Ors. ... Respondents. ... Mr. R.N. Sanghavi for the Applicant. Ms. A.A. Mane, A.P.P. for the State. Mr. Preetam Shah for Respondent 1. ... CORAM CORAM CORAM : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. DATE DATE DATE : 18TH JULY, 2008. : 18TH JULY, 2008. : 18TH JULY, 2008. P.C. P.C. P.C. : : : . The Appellant/Orig. Complainant has impugned the Judgment dated 20th May 2005 of J.M.F.C., Pune whereby in the proceedings under Section 138, N.I. Act, Accused No.2 is acquitted. My attention is invited to paragraph 10 of the said Judgment wherein the learned Judge has observed that no legal evidence was led by the complainant. In the said case, Power of Attorney holder appeared on behalf of the complainant. 2. The learned Counsel for the Respondents invited my attention to the Judgment of this Court in Criminal Revision Application No.12 of 1999 dated 1st October 1999. 3. Reading the above Judgment and the mandate of even Hon’ble Supreme Court, the witness of the -:2:- complainant may be Power of Attorney but appeared as a witness and therefore, there is a substantial question of law involved. 4. Action under Section 390 of Criminal Procedure Code against Accused No.2 to be taken by the learned J.M.F.C., Pune on the same bail as was earlier availed by the Accused Respondent. 5. Leave to appeal allowed. Call R & P. (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)