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2004 Supreme(SC) 1405

H.K.SEMA, B.N.AGARWAL
Jimmy Jahangir Madan – Appellant
Versus
Bolly Cariyappa Hindley (D) By Lrs. – Respondent


JUDGMENT

B.N. Agrawal, J.-These appeals by special leave have been filed against judgment rendered by Karnataka High Court in revision applications upholding order passed by the Additional Chief Metropolitan Magistrate, Bangalore, in two complaint cases whereby petitions filed under Section 302 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code ) for allowing power of attorney holders of heirs of the original complainant to continue the prosecution were allowed.

2. The short facts are that one Mrs. Bolly Cariyappa Hindley filed two complaints for prosecution of the appellant under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act ) in which cognizance was taken and the accused was summoned. During trial, the complainant died leaving behind her son Peter Baldwin Jr. and daughter Mrs. Nina Baldin Eddy who were staying in United States of America, as such they executed a general power of attorney in favour of Mr. John Curtis and Mrs. Annie Cariappa respectively. The two general power of attorney holders of the aforesaid heirs filed applications under Section 302 of the Code in the aforesaid cases before the trial court for perm





















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