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2015 Supreme(Online)(Ker) 41264

KERALA HIGH COURT
, J
Gujarath Guardian Limited (M/s.) v. George Kurian and Another


Table of Content
1. complaint filed under nia due to cheque dishonour. (Para 1 , 2 , 3)
2. arguments concerning liability and cheque dishonor. (Para 5 , 6 , 7)
3. discussion on sufficiency of power of attorney. (Para 8 , 9)
4. determination of power of attorney holder's competence. (Para 10 , 11)
5. final ruling on appeal's merit. (Para 12)

1. Appeal filed under S.378(4) Cr.P.C. Appellant is a company registered under the Companies Act. The company filed a complaint before the learned Magistrate against the respondent / accused alleging an offence punishable under S.138 of the Negotiable Instruments Act, 1881 (in short 'the N.I Act'). Learned Magistrate, after trial, convicted the accused and imposed sentence. The accused took up the matter in appeal before the learned Additional Sessions Judge. He reconsidered the matter and reversed the finding of the learned Magistrate and dismissed the complaint, thereby the accused was acquitted. Aggrieved by that decision, the complainant / appellant has approached this court.

2. Facts in short, necessary for disposal of the appeal, are as follows : Appellant company is engaged in the business of manufacturing and marketing various varieties of gl
































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