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R.K.BATTA
Pradeep Mohanbay – Appellant
Versus
Minguel Carlos Dias – Respondent


JUDGMENT - R.K. BATTA, J:---The petitioner was held guilty under section 138 of the Negotiable Instruments Act (hereinafter called as "the said Act") and was sentenced to pay a fine of Rs. 18,000/-, in default simple imprisonment of one month by the Judicial Magistrate, First Class, Margao. The petitioner filed an appeal before the Sessions Judge, Margao against the said order and the learned Sessions Judge, by judgment dated 12-3-99 maintained the conviction of the petitioner, but reduced the fine to Rs. 13,500/- and in default to undergo simple imprisonment of one month. He further ordered that a sum of Rs. 9,000/-, out of the said fine shall be paid as compensation to the complainant/respondent No. 1. The petitioner challenges the said order of conviction and sentence in this revision.

2. The only point which was argued before the Sessions Judge was that whether a complaint could be filed by Power of Attorney in view of section 142 of the said Act and whether the Power of Attorney could give evidence on behalf of the complainant? The same point has been urged before me by learned Advocate for the petitioner.

3. Learned Advocate for the petitioner states that though there are rulin





















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