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POONAM A. BAMBA
Sanjay Shandilya S/o. Sh. Mishri Lal Shandilya – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT :
1. Vide this petition filed u/S. 482 of Code of Criminal Procedure, 1973 (“Cr.PC” in short), the petitioners have sought :-
(i) setting aside of order dated 29.04.2022 (“impugned order” in short), passed by Ld. MM (N.I. Act)-01, SW/DWK/ND in C.C. No. 44350/2019 (“complaint” in short), titled as Kawaljeet Singh Duggal vs. C.P. Systems Pvt. Ltd. & Ors., whereby the petitioner’s application under section 322 Cr.PC was dismissed; and
(ii) dropping of the proceedings against the petitioners under section 138 of Negotiable Instruments Act (“N.I.Act” in short) in the aforesaid complaint.
2. Briefly stating, the facts relevant for disposal of this petition are that :
(i) Kawaljeet Singh Duggal/respondent no. 2 herein through his Special Power of Attorney (“SPA” in short)/Authorized Representative Sh. Sanjeev Malik Chand filed the complaint under Section 138 N.I. Act against the respondent no. 3 i.e. M/s. C.P. Systems Pvt. Ltd. and its directors, namely, Sanjay Shandilya (petitioner no. 1 herein) and Vikas Ahuja, Akash Rai Gupta (petitioner no. 2 herein) and Suchan Jamkhandi Sunil;
(ii) vide order of Ld. MM dated 11.12.2019, the accused persons including the petitioners herein were sum
A complaint under Section 138 of the Negotiable Instruments Act can be filed through a power of attorney, but the holder must demonstrate personal knowledge of the transaction, a requirement which ma....
Authorization for filing complaints under the N.I. Act is a curable defect; a company acts through its Board of Directors, and post-initiation ratification is permissible.
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Compliance under Sec. 202 of the Code of Criminal Procedure, when the accused is residing beyond the jurisdiction of the Magistrate, is mandatory.
The main legal point established in the judgment is the requirement for the complaint to be in the name of the payee and the authorization of the person representing the company in proceedings under ....
The legal competence of filing a complaint through Power of Attorney and the role of the power-of-attorney holder as per the law laid down in A.C. Narayanan's case.
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