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S.R.K.PRASAD
Ujwal Textiles – Appellant
Versus
V. N. Commercial Corporation – Respondent


Advocates:
Counsel for the Parties:
For the Petitioners: Mr. Sharad Sanghi, Counsel.
For the Respondent No. 1: Ms. Anitha Ahuja, Counsel.
For the Respondent No. 2: Public Prosecutor.

Judgement Key Points

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Order

Ch. S.R.K. Prasad, J.—The petitioners who are accused in C.C. No.291 of 2001 on the file of II Metropolitan Magistrate, City Criminal Court, Hyderabad seek for quashing of the proceedings by invoking the inherent powers of this Court under Section 482 Cr.P.C. on the sole ground that GPA holder of Mr. Vijendra Nath, has no right to present a complaint under Section 142 of Negotiable Instrument Act for dishonouring of cheque bearing No.021712 dt. 17.3.2001 amounting to Rs. 60,000 drawn on Agroha Bank (Agroha Co-operative Urban Bank Limited), Rikabgunj Branch, which has been dishonoured, for insufficiency of funds. The learned Counsel for the Ist respondent contends that the complaint has been presented by a legal.entity namely V.N. Commercial Corporation which is represented by a GPA holder and therefore the complaint is valid. It is also contended by her that Section 2(d) of Cr.P.C. permits the companies to file complaints along with authorization letter in representative capacity, and the power of attorney has got the power to present a complaint representing the company under Cr.P.C. She further contends that the GPA holder is working as an accountant and he knows all the tr



























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