VEDPRAKASH GARG Vs. MOHD.ASLAM KHAN

JUDGEMENT

(1.) The appellant herein happens to be the original complainant in Case No. 1404/S/1997. The accused was acquitted by the Metropolitan Magistrate, 20th Court, Mazgaon, Mumbai vide Judgment and Order dated 19/6/1998 under section 138 of the Negotiable Instruments Act. Hence, the original complainant being aggrieved by the Judgment and Order of acquittal has filed the application seeking leave to appeal. The leave was granted.

(2.) Such of the facts necessary for the decision of this appeal are as follows:

(3.) At the trial, the power of attorney holder was not examined. P.W. 1 i.e. the appellant was examined. The limited question is as to whether the very initiation of proceedings filed by Ram Dhari Singh as power of attorney holder of P.W. 1 was proved at the trial. The answer is in the negative. The learned Magistrate has observed as follows :