1 Cri-Appln-3202 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.3202 of 2009 IN Criminal Appeal No. of 2009 Mr.Chhatgradhari R. Singh .. .. Applicant (Org.Complainant) v/s. 1. Mr.Snanjay Saraf & anr. .. Respondents (Org.Accused) Mr.Ram U. Singh for Applicant. Mr.P.R. Arjunwadkar for Res.No.1. Smt.A.A. Mane, APP for State. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 27th April 2011 P.C. : 1. This application is filed against the order of acquittal under Section 255(1) of the Criminal Procedure Code passed by the learned Metropolitan Magistrate, 10th Court, Andheri, Mumbai, in a complaint filed under Section 138 of the Negotiable Instruments Act. The complaint is filed by the Applicant herein through his Constituted Attorney. The complaint does not show the authorisation of Power of Attorney placed on record. The verification of the complaint has been signed by the complainant himself and not his Constituted Attorney. The order of acquittal is 2 Cri-Appln-3202 passed on the ground that the Power of Attorney was not placed on record. 2. The Power of Attorney not being placed on record is certainly an irregularity. It can be corrected at any stage. The complainant can be cross-examined thereon. If the Constituted Attorney gives the evidence, he can be cross-examined on that score. If the Power of Attorney is then not produced, the authority would not be seen. What has happened is that per se on the filing of the complaint itself, the signature showing that it was the Constituted Attorney of the complainant has been sought to be questioned on the ground that the Power of Attorney is not placed on record. The acquittal of the accused on that ground per se would require reconsideration. Hence leave to appeal is granted. 3. Appeal shall be placed on board for admission on 13th June 2011. Since the compilation is also filed, it shall be disposed of at the stage of admission. 4. Criminal Application is disposed of accordingly. (SMT.ROSHAN DALVI, J.)