Mini Ar v. Ramakrishna Viswanatha Panicker

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3397/2022 & CRL.M.A. 14245/2022 MINI A R .....Petitioner Through:

Mr. M.P. Srivignesh, Mr. Sharavena Raghul ASR & Mr. Mithun Kumaar N., Advocates versus RAMAKRISHNA VISWANATHA PANICKER .....Respondent Through:

Mr. Shalabh Gupta & Ms. Prachi Gupta, Advocates

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 21.10.2024 1.

The present petition is filed seeking quashing of the Complaint Case No. 741/2021, filed by the respondent under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881.

2.

The petition is filed essentially on the ground that the evidence by way of affidavit mentioned the name of respondent as the deponent, however, was signed by his son claiming to be a Power of Attorney. It is therefore contended that the affidavit was defective since the name of the signatory has to be mentioned in the title.

3.

It is undisputed that a fresh affidavit by way of evidence was thereafter filed by the Power of Attorney of respondent No. 2/complainant, pursuant to which documents have been filed on behalf of the complainant and the same have been taken on record. The matter has also proceeded for trial. The error as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 11:36:34

pointed out by the learned counsel for the petitioner is only technical and typographical and concededly a fresh affidavit has already been filed.

4.

In view of the above, this Court does not find any merit in the present petition.

5.

The petition is therefore, dismissed.

AMIT MAHAJAN, J OCTOBER 21, 2024 'hkaur'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 11:36:34