S RADHA KRISHNAN Vs. S V PETHA PERUMAL

JUDGEMENT

(1.) THE petitioner/ accused has filed this petition challenging the order of the Judicial Magistrate No. III, Madurai in taking cognizance of the complaint filed by the respondent/ complainant in S. T. C. No. 3069 of 2004 on his file.

(2.) THE respondent preferred the complaint through the power of attorney before the Judicial Magistrate under Section 138 r/w. 142 of Negotiable Instruments Act against the petitioner herein and after examining the power of attorney under Section 200, Cr. P. C. , learned Judicial Magistrate had taken cognizance of the case. The petitioner has challenged the said cognizance of the case on various grounds and emphasised inter alia among other grounds that the Judicial Magistrate erred in examining the power of attorney of the complainant for the purpose of taking cognizance of the matter on his file.

(3.) WHILE the matter came up for admission, Mr. A. G. Senthil Kumar, learned counsel for the petitioner has advanced his arguments.