1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1515 OF 2009 Mr.Ali Merchant ...Petitioner vs. 1.State of Maharashtra 2.Indian Express,Newspaper (Bombay) Ltd. ...Respondents Mr.P.M.Pradhan i/b Mr.Sanjay Patil for the petitioner Mr.Y.M.Nakhawa A.P.P. for State CORAM: A.S.OKA,J. DATE : June 26,2009 P.C.: . Not on board. Taken on board. 1 By the impugned order the second respondent-company has been permitted to place on record of the complaint, a power of attorney executed in favour of the authorised representative of the second respondent company (original complianant). The complaint is under secation 138 of the Negotiable Instruments Act,1881. The petitioner has been arraigned as an accused in the said complaint. The impunged order notes that it will be open for the petitioner to cross examine the complainant on this point and the petitioner has been permitted to adduce evidence in rebutttal of the document. The complaint is pending. The issue whether the complaint was not maintainable on account of the failure to produce the power of Attorney along with the complaint has not been decided by the impugned order. The question whether the complaint is maintainable or not will be obviously decided by the trial court at the appropriate stage. Hence, no 2 case is made out for interference with the impugned order. 2 Subject to what is observed above, writ petition is not entertained and is disposed of. JUDGE