rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 495 OF 2008 CRIMINAL WRIT PETITION NO. 495 OF 2008 CRIMINAL WRIT PETITION NO. 495 OF 2008 ALONGWITH ALONGWITH ALONGWITH CRIMINAL WRIT PETITION NO. 496 OF 2008 CRIMINAL WRIT PETITION NO. 496 OF 2008 CRIMINAL WRIT PETITION NO. 496 OF 2008 Vithalsa Ambadas Kalpavruksha .. Petitioner V/s. Ulhas Shriniwas Soni & Ors. .. Respondents Mr.S.A.Kumbhakani for the Petitioner. Mr.S.R.Shinde, A.P.P.-State. CORAM : A.P.DESHPANDE, J. CORAM : A.P.DESHPANDE, J. CORAM : A.P.DESHPANDE, J. DATE : 10TH MARCH, 2008. DATE : 10TH MARCH, 2008. DATE : 10TH MARCH, 2008. P.C.:- P.C.:- P.C.:- . The present Petitioner is an Accused in a complaint filed by the Respondent No.1 under section 138 of Negotiable Instruments Act. The complaint has been filed by the Respondent No.1 through his Power of Attorney holder. The present Petitioner / Accused raised an objection that having regard to the terms of the Power of Attorney, the holder thereof cannot institute a fresh complaint. The Trial Court has rejected the objection and aggrieved thereby the Petitioner filed the Revision before the Sessions Judge. After examining the Power of Attorney, the Sessions Judge has held that the Power of Attorney holder has been duly authorised 2 by the complainant to file the complaint, as well. Reliance is placed on clauses 2 and 4 of the deed of Power of Attorney to hold with the Power of Attorney holder has an authority to institute a complaint. 2. Clause 4 clearly lays down that the Power of Attorney holder has been authorised to commence and or prosecute and/or defend the same, give evidence and obtain a Decree and execute the same and to settle the matter and file consent terms as may be necessary. Perused the order passed by the Sessions Judge, so also clause 4 of the Power of Attorney. No interference is called for as. Hence the writ petition is summarily disposed of. (A.P.DESHPANDE,J.) (A.P.DESHPANDE,J.) (A.P.DESHPANDE,J.)