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2002 Supreme(AP) 240

GOPALA KRISHNA TAMADA, BILAL NAZKI
S. P. Sampathy – Appellant
Versus
Manju Gupta – Respondent


( 1 ) EIGHT cases have been referred to this Court by virtue of an order of reference made by learned Single Judge of this Court dated 22/11/2001. The short point involved is whether a Criminal Court can take cognizance of a complaint under Section 138 of Negotiable Instruments Act on a complaint having been filed by a power of attorney holder of the complainant. The learned Single Judge of this Court in Smt. Payyati Savitri Devi v. Malireddy Damayanthamma, I (1997) BC144=1997 (4) Crimes 325, relying on Madras High Court judgment in Manimekalai v. Chapaldas Kalyanji Sanghi, 1995 Crl. L. J. 1102, has taken the view that a complaint could be filed by a general power of attorney holder also. The Madras High Court formed the opinion on the basis of Section 195 of the Code of Criminal Procedure. There is not much of discussion in the judgment of the learned Single Judge of this Court (supra), therefore, the learned Single Judge before whom the present matters had come up, expressing his doubts about the views taken by the learned Single Judge of this Court in the judgment (supra,) referred the matter to the Division Bench. We have heard the learned Counsels for the parties and gone thro




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