IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4017 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 M/s. Associated Road Carriers Ltd. .. Applicants V/s. Chetan Foundries Ltd.& Ors. .. Respondents Mr.Vinod Sharma i/b.Kalyani G.Parmar for the Applicants. Mr.Nitin Mulye for Respondent No.2. Mr.A.S.Shitole, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 15TH, 2009. P.C. Heard rival submissions for some time. 2. It is the application for leave to Appeal against the order of acquittal dated 6th May, 2008 passed by the J.M.F.C., Solapur by which Respondent original accused were acquitted for the charges under section 138 read with section 141 of Negotiable Instruments 1 Act. 2. The only point raised on behalf of original complainant present Applicant is that though the liability to pay dishonour of cheque as held affirmative still only on the technicality as to no original Power of Attorney in favour of Shri.Jagannath Sharma was produced during the trial, on that count itself complaint was dismissed. 3. On behalf of Respondent, it is submitted by taking shelter of authority 2006(9) 397 Mrs.Alka Toraskar v/s.The Vaishya Urban Co- Op.Credit Society Ltd. & Anr. that there should have been the authority for the complainant to file and depose on behalf of the payee of the cheque and which is must to establish the case against the accused. In the instant matter, there was xerox copy of the Power of Attorney produced while filing the complaint by the Constituted Attorney. During the traial he was no more in service of complainant company and another Constituted Attorney gave evidence whose authority in original filed before the J.M.F.C., Solapur. 2 4. Considering the above position, in the opinion of this Court, leave can be granted to allow filing of Appeal against the impugned order of acquittal dated 6th May, 2008. 5. In the result Appeal is admitted and it be number in due course. 6. Leave to appeal challenging the order of acquittal dated 6th May, 2008 of J.M.F.C.,Solapur in Summary Trial case No.533 of 1999, is granted. 7. The criminal Application is, accordingly, disposed of. (A.R. JOSHI, J.) 3