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ARUN KUMAR SINGH DESHWAL
Jitendra Kumar Mangla – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. Heard Sri Bhuvnesh Kumar Singh, learned counsel for the applicant in Application u/s 482 No. 23721 of 2024; Sri Saurabh Yadav, learned counsel for the applicant and Sri Lalit Kr. Srivastava, learned counsel for opposite party No.2 in Application u/s 482 No. 28869 of 2024 as well as Sri Pankaj Saxena, learned A.G.A. for the State.
2. Application u/s 482 No. 23721 of 2024 has been filed seeking quashing of the entire proceeding of Complaint Case No. 3255 of 2016 (Vineeta Goyal vs. Jitendra Kumar Mangla), under Section 138 N.I. Act, P.S. Hari Parvat, District Agra, including the summoning order dated 1.12.2016.
3. Application u/s 482 No. 28869 of 2024 has been filed seeking following reliefs:-
2. Club the proceedings of the two cases belonging to the s
A power of attorney holder cannot file a complaint under Section 138 N.I. Act in his own name; he must act on behalf of the principal and possess knowledge of the transaction.
: 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....
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.
(1) Dishonour of cheque – In cases where payee/complainant is company, all that is necessary to be demonstrated before Magistrate is that complaint is filed in name of payee.(2) Dishonour of cheque ....
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.
(1) Dishonour of cheque – When, complainant/payee is a company, an authorized employee can represent company.(2) Dishonour of cheque – Dismissal of a complaint at threshold by Magistrate on question ....
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 ....
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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