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2007 Supreme(SC) 1651

S.B.SINHA, MARKANDEY KATJU
A. C. Narayanan – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Ms. Indu Malhotra, Mr. Kunal Tandon, Mr. Madhukar Pandey and Mr. Vikas Mehta, Advocates.
For the Respondents:Mr. Ravindra Keshavrao Adsure for Mr. V.N. Raghupathy, Mr. Niraj Sharma, Mr. Vikrant Singh Bais and Mr. Pratap D. Sampat, Advocates.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The case concerns the interpretation and application of Section 142(a) of the Negotiable Instruments Act, 1881, specifically regarding the filing of complaint petitions and the criteria for initiating criminal proceedings under the Act [judgement_act_referred: S.138, S.142, S.145].

  2. There exists a conflict of opinion among various High Courts and previous Supreme Court decisions regarding whether a complaint under the NI Act must be filed by the payee or the holder in due course of the cheque, and whether the payee is required to examine himself in support of the complaint (!) (!) .

  3. The matter was referred to a larger Bench to resolve these conflicting opinions, as an authoritative pronouncement is necessary (!) .

  4. The factual background involves cheques issued by the appellant, which were dishonoured, leading to complaint petitions filed by a Power of Attorney holder on behalf of the payees. The appellant challenged the maintainability of these complaints, asserting they were filed by the Power of Attorney holder and not the payees themselves (!) (!) .

  5. The High Court upheld the validity of the complaints filed by the Power of Attorney holder, and the case's interpretation of Section 142(a) became central to the proceedings (!) .

  6. The legal discussion includes the scope of the authority of a Power of Attorney holder to depose and act on behalf of the principal, with divergent views from different High Courts on whether such a holder can appear as a witness or depose for the principal (!) (!) (!) .

  7. Due to the divergence in judicial opinions and the importance of clarifying the legal position, the case was directed to be considered by a larger Bench for an authoritative ruling (!) .

Please let me know if you need further analysis or specific legal advice regarding this case.


ORDER

1. Delay in filing counter affidavit is condoned. Leave granted. Interpretation and/or application of Section 142(a) of the Negotiable Instruments Act, 1881, ("NI Act") is in question in this appeal which arises out of a judgment and order dated 12.8.2005 passed by a learned Single Judge of the High Court of Judicature at Bombay.

2. The basic fact of the matter is not in dispute. Several cheques on different dates were issued by the appellant herein which were dishonoured. The complainant executed a Special Power of Attorney on or about 28.11.1997, in favour of one Smt. Doreen Shaikh. She filed complaint petitions in the Court of Additional Chief Metropolitan Magistrate, Bandra, Mumbai. The complaint petitions were filed in the name of the respective payees of the cheques. She also filed affidavits in support of the averments made in the said complaint petitions. Cognizance of offence under Section 138 of the NI Act was taken against the appellant. Summons were issued.

3. Questioning the order issuing summons by the learned magistrate in exercise of his power under Section 204 of the Code of Criminal Procedure, appellant herein filed criminal application before the High Court of









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