Sunny vs Raveendranath on 10 August, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 1149 of 2002()


1. SUNNY S/O. EDATTUKARAN MATHEW,
                      ...  Petitioner

                        Vs



1. RAVEENDRANATH S/O. VAZHAPPALLI
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :10/08/2007

 O R D E R
                        K.R.UDAYABHANU, J
                   -----------------------------------------
                        Crl.A.No.1149 of 2002
                   -----------------------------------------
                Dated this the 10th day of August, 2007



                               JUDGMENT

The proceedings initiated under Section 138 of the

Negotiable Instruments Act was dismissed at the threshold by the

court below on the ground that no document authorising power of

the executant of the attorney to execute the power of attorney

has been produced.

2. I find that the complaint is not to be rejected for the

above reason. The matter can be looked into at the subsequent

stage if the authority is disputed. The order of the court below is

set aside. The court below is directed to permit the petitioner to

further pursue the matter. The matter is posted before the court

below on 10.9.2007.

The criminal appeal is disposed of as above.

K.R.UDAYABHANU,
JUDGE

csl

K.R.UDAYABHANU, J

Crl.A.No.1149/2002

JUDGMENT

10th August 2007