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DELHI HIGH COURT
POONAM A.BAMBA
Manoj Kumar Bisht – Appellant
Versus
Ankit Somani – Respondent
| Table of Content |
|---|
| 1. challenging the summons due to hearsay evidence. (Para 1 , 2) |
| 2. validity of special power of attorney for filing complaints. (Para 3) |
ORDER
1.0. Vide this petition under Section 482 Cr.P.C, the petitioner has sought setting aside of the order dated 19.11.2019 of Ld. Magistrate, NI Act, South District, Saket Courts, New Delhi whereby the petitioner was summoned ("impugned order" in short) in complaint case no. 36939/2019 under Section 138 read with Section 142 of Negotiable Instrument Act, 1881 ("NI Act" in short) and quashing of the proceedings arising therefrom.
2.0. It is submitted that the aforesaid complaint has been filed by the complainant/respondent through his special power of attorney holder (`SPA' in short) on the ground that the respondent is working in Dubai with M/s M.K.B Public Network Services, L.L.C, U.A.E. But the SPA holder, neither in the complaint nor in the affidavit of pre-summoning evidence, has stated that she has personal knowledge of the transaction between the complainant/respondent and the petitioner. Therefore, in view of the settled position of law as laid down in A.C Narayan Vs. State of Maharashtra and Anr., [(2014) 11 SCC 790], t
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....
Point of Law : There is no specific assertion as to the knowledge of the power of attorney holder in the said transaction explicitly in the complaint
: Dishonour of cheque – In a case where complainant is a company, an authorized employee can represent the company – Once averment to this effect is made in complaint, it is sufficient for Magistrate....
The main legal point established in the judgment is that the SPA holder had the authority to prosecute the petitioners as directors of the company under section 138 N.I. Act, and the Ld. MM had juris....
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 ....
A power of attorney holder can file a complaint under Section 138 of the NI Act if they have personal knowledge of the transaction, and this must be explicitly stated in the complaint.
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.
Functions under general power of attorney cannot be delegated to another person without specific clause permitting same in power of attorney.
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