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(vii) There is no plausible explanation as to why the power of attorney was not filed along with the complaint. The contents of the application below Exhibit 176 are as follows :-

"The said Upendra Lad was shown as proprietor due to the simple typographical mistake. That typographical accidental mistake while drafting complaint occurred because all along the dealings in this case were made by Upendra Lad."

The accused No.2 had also referred to the complainant as the proprietor.

It is because of such circumstance, that Respondent No.2 bonafidely believed that there was no mistake in the description of the complainant in the present form. The complainant had therefore proposed amendment in the description of the complaint and had prayed that the word Mhi 8 Cri-Appeal-1008-13-&-Ors..sxw "Proprietor" be read as "through General Power of Attorney". It cannot be believed that the description of the complainant would be a typographical mistake. More so, because the complainant has stated on oath that he is the proprietor of the said concern. The Magistrate has rightly held that the complainant had posed himself to be the proprietor.