MRS. JACQUELINE PEREIRA, WIFE OF MR. ANTONIO ERNEST PEREIRA Vs. DINIZ C.T. DEMELLO, S/O CARLOS JOAQUIM DEMELO

JUDGEMENT

(1.) HEARD Mr. J. Godinho, learned Counsel for the Petitioner and Mr. C. Masarenhas, learned Counsel for the Respondent.

(2.) RULE by consent heard forthwith.

(3.) PERUSAL of the record discloses that the complainant examined her power of attorney Shri Antonio Earnest Pereira, on her behalf and thereafter complainant sought to place on record her evidence by filing affidavit. The same was objected on behalf of the accused by filing application dated 23.9.2010. By impugned Order learned Magistrate has held that once the power of attorney has been examined on behalf of the complainant, the complainant could not depose as a witness to her own complaint. Perusal of the record further discloses that at no point of time complainant sought leave to examine the complainant after examining her power of attorney stating reasons for examining herself after her power of attorney is examined.