power of attorney
sanjay kumar patibandla
(Querist) 06 February 2009
This query is : Resolved
Is the power of attorney holder can sign on a complaint u/s 200 of cr.p.c?. The matter is regarding dishonour of cheque
Please know me with case laws.
ARVIND JAIN
(Expert) 07 February 2009
NO.THERE IS SOME JUDGMENT.I HAVE TO FIND OUT.
PALNITKAR V.V.
(Expert) 07 February 2009
See the following judgment. it has taken a survey of some other judgments.Of course it is under Negotiable instruments Act which requires that the complaint shall of the payee or the holder in due course.
2008 INDLAW MUM 53
[BOMBAY HIGH COURT]
(1) Roy Joseph Creado; (2) Anil Parshuram Sawant; (3)
Yogesh Jayantilal Mehata
v
(1) Sk.Tamisuddin; (2) K.N.Tungar; (3) State of
Maharashtra
01 Feb 2008
BENCH
V. R . Kingaonkar
COMPARATIVE CITATIONS
2008 AllMR(Cr) 751, 2008 INDLAW MUM 53
CASES REFERRED TO
Maharaja Developers and another Vs. Udaysingh Pratapsinghrao
Bhonsle and another [2007 CRLJ 2207]
Sanjay Vinze and others Vs. State of Maharashtra and others
2007 AllMR(Cr) 3170
Sabitha Ramamurthy and another Vs. R.B.S.Channabasavaradhya
[2006 AIR(SCW) 4582]
Janki Vashdeo Bhojwani and another Vs. Indusind Bank Ltd. and
others [2005 AIR(SC) 439]
Jimmy Jahangir Madan Vs. Mrs.Boly Cariayappa Hindley
(Deceased) by L.Rs [2004 AIR(SC) 48]
S.P.Sampathy Vs. Manju Gupta [2002 (4) ALLMR(J) 6]
Finolex Industries Ltd., Vs. Mr.Pravin V.Sheth and others
[2002 (2) AllMR 644]
Dr.Pradeep Mohanbay Vs. Mr.Minguel Carlos Dias [2000 (102)
BomLR 908]
Anil G. Shah Vs. J.Chittranjan Co. & another [1998 (2) Crimes
347]
ACTS REFERRED
Negotiable Instruments Act, 1881[s. 138, s. 142]
Code of Criminal Procedure, 1973 (as amended by Act No. 25 of
2005 & Act No. 2 of 2006.)[s. 2(d), s. 200, s. 204]
Companies Act, 1956
Code of Civil Procedure, 1908[O. 3 r. 2, O. 3 r. 1]
Negotiable Instruments Laws (Amendment) Act, 1988
CASE NO
Criminal Application No.1653 of 2003
EDITOR'S NOTE
Negotiable Instruments Act, 1881 - ss. 138, 142- Application
to challenge legality and correctness of orders wherein
process was issued in criminal complaint filed on account of
dishonour of cheque and orders dismissing applications filed
for acquittal on ground that aggrieved person died and that
respondent no.1 had no locus standi to file complaint -
Respondent no.1 claimed himself to be SPA of deceased and
alleged that cheque issued by applicant to Sairabi-since dead
in lieu of her share in immovable property got dishonoured -
Whether power of attorney can depose on behalf of complainant?
- Held, plain reading of s. 142 of the Act shows that
cognizance of any offence punishable u/s. 138 of the Act
cannot be taken unless there is complaint, in writing made by
payee or by holder of cheque in due course - Original
complainant cannot be mere name lender when complaint is filed
for offence under the N.I. Act, this is more so having regard
to purpose of verification u/s. 200 of Cr.P.C. being one to
fix identity of person who may be made liable to pay
compensation when complaint is found to be false, frivolous or
vexatious; complaint filed by special power of attorney does
