PAYYATI SAVITRI DEVI Vs. MALIREDDY DAMAYANTAMMA

JUDGEMENT

(1.) This revision is directed against the order passed by the I Class Magistrate, Gudivada, whereby the objection of the petitioner that the complaint be dismissed being not maintainable has been rejected.

(2.) Under Section 138 of the Negotiable Instruments Act, the complaint has been filed by Smt. M. Damayantamma through her authorised agent Sri Malireddy Satyanarayana Reddy who is holding the registered general power of attorney executed by the complainant in his favour authorising him to recover all her debts. It is alleged in the complaint that the complainant is an aged women of about 60 years and is keeping indifferent health. Malireddy Satyanarayana Reddy is the nephew of the complainant-1st respondent.

(3.) The petitioner-accused before starting cross-examining PW 1 filed an objection alleging that the complaint is not maintainable because it has been signed and filed by the person holding the general power of attorney of the complainant. This objection has been rejected.