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2008 Supreme(Kar) 270

JAGANNATHAN
A. Sathyanarayan – Appellant
Versus
K. Selvan – Respondent


Advocates appearing for:
Appellants: Sri K.R. Ashok Kumar, Sri K.Y. Nanjaiah, Sri K. Suresh Reddy, Advs.
Respondents: Sri M. Jalwa & Sri Nagaraj Hegde, Advs.

JUDGMENT

Jagannathan, J.

Whether a Counsel is disentitled to appear for the complainant on account of the Counsel being a creditor to the complainant and whether the Power of Attorney holder is incompetent to file the complaint and give evidence in Section 138 proceedings of the N.I.Act and whether the cheques issued being dishonoured on account of the accounts being transferred to another branch of the same bank, attracts the offence under Section 138 of the N .I.Act, are the questions that have cropped up during in the course of hearing of all these appeals, calling for an answer.

2. The respondent in all these appeals being one and the same person and the cheques issued by him to each of the complainants having been dishonoured and all the cheques being issued in respect of a memorandum of agreement reached between the complainant Vishnu Bharath and one Bhakthavatsalam and the respondent; the trial Court after having the evidence of the power of attorney holder being recorded in all the cases and the evidence of the respondent also being one and the same, excepting the differences in the cheque amounts, the trial Court thought it fit to dispose of all the complaints by a common


























































































































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