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JYOTSNA REWAL DUA
Satish Kumar – Appellant
Versus
Pawan Kumar – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Cr.MP(M) No. 868 of 2023
Leave to appeal granted. The application to stand disposed of.
Appeal be registered.
Cr. Appeal No.212 of 2023
2. The appellant filed a complaint under Section 138 of the Negotiable Instruments Act (the Act in short) through his father and General Power of Attorney (GPA in short) Sh. Jagdish Chand. Learned Trial Court on 27.02.2023 dismissed the complaint on the ground that it did not satisfy the parameters concerning filing of complaint through GPA, laid down in (2014)11 SCC 790 (A.C. Narayanan Vs. State of Maharashtra and another). Feeling aggrieved, the appellant-complainant has preferred the present appeal.
3. Facts
The appellant had preferred the complaint under section 138 of the Act through his father and GPA. It was submitted in the complaint that: -
3(i) The appellant-complainant was owner of a bus. On account of getting a job abroad, the appellant-complainant entered into an agreement with the respondent-accused on 22.09.2020. As per this agreement, the appellant-complainant handed over possession of the bus to the respondent-accused for plying at the agreed monthly rent of Rs.8000/-.
3(ii) On 15.10.2020, the respondent-accu
Functions under general power of attorney cannot be delegated to another person without specific clause permitting same in power of attorney.
: 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....
Power of attorney holders can file cheque dishonour complaints if they possess personal knowledge of the transaction; absence of such knowledge may invalidate the complaint.
Section 142 of Act says that no court shall take cognizance of any offence punishable under Section 138, except upon a complaint in writing made by payee or as case may be, holder in due course in ch....
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
Punishment under Section 138 of Act is not a means of seeking retribution but a means to ensure payment of money.
Point of Law : Law is settled on point that a complaint alleging commission of offence under Section 138 of Negotiable Instruments Act can be presented through power of attorney holder and power of a....
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 main legal point established in the judgment is that procedural defects and irregularities which are curable should not be allowed to defeat substantive rights or cause injustice. The court empha....
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