ORDER :

Is the directions in Narayanan. A.C v. State of Maharashtra and others, [2013 (3) KHC885], followed by this Court in Shibu. L.P v. Neelakantan, 2022 KHC 548, strictly applicable in a complaint filed under Section 138 of the Negotiable Instruments Act by a power of attorney of a company/firm in view of the subsequent decision in TRL Krosaki Refractories Ltd (M/s). v. SMS Asia Private Limited and others, 2022 (2) KHC 157 is the question posed for consideration.

2. The appeal is filed questioning the correctness of the judgment in C.C.No.507/2008 passed by the Court of the Chief Judicial Magistrate, Alappuzha, holding the 2nd respondent not guilty of the offence under Section 138 of the Negotiable Instruments Act (‘Act’ for short). The appellant was the complainant, and the 2nd respondent was the accused before the learned Magistrate.

Relevant facts

3. The complainant firm had filed the complaint against the accused, alleging that he had issued two cheques in its favour for Rs.1,60,000/-and Rs.20,000/-respectively, in discharge of a legally enforceable liability. However, the cheques were dishonoured due to 'insufficiency of funds' in the accused's bank account. Although the compl