The main legal point established in the judgment is the competency of the power of attorney holder to file a complaint under Section 138 of the Negotiable Instruments Act, supported by the presumption that acts committed by the holder of a power of attorney are acts committed by the person granting it.

( 1 ) THIS order shall govern the disposal of all the aforesaid three revision- petitions.

( 2 ) CRI. Revn. 344 and 412 of 2000 have been filed against the order dated 29-8-2000, passed by the trial Court whereby the application moved under Section 142-A of the Negotiable Instruments Act, hereinafter referred to 'n. I. Act', where under the objection raised regarding competency to file complaint by a person in question has been rejected and the complaint was held to be maintainable, taking cognizance in the matter.

( 3 ) THE facts of Crl. Revn. No. 344/2000 are that the complainant Sant Prakash Gupta had made a complaint under Sec. 138 of the N. I. Act, as per Annexure P/1, against the petitioners-accused on the ground that the petitioners/accused took a loan in the sum of Rs. 3,00,000/- from the respondent/complainant through cheque No. 485117, dated 11-6-96 and in lieu thereof they had executed a promissory note in favour of the complainant to the effect that on demand they will return the payment of loan with interest as determined between the parties. The amount was to be returned after twelve months. It was alleged that the amount of interest alone was paid by the accused petitioners and on 1-6-97 second promissory note was got executed and the first one was taken back by them and on that date one post-dated cheque No. 315063, in the sum of Rs. 3,00,000/-, of Punjab National Bank Chetakpuri, Branch Gwalior was handed over to the complainant/respondent and he was asked that the amount will be encashed on the due date after one month. It was submitted that on 7-10-98 when the complainant tendered the said cheque to the bank, the bank informed him that the petitioners/accused had no sufficient amount in their account for payment of the cheque and accordingly, the cheque was returned to the complainant.

( 4 ) THE complainant thereafter intimated to the petitioners/accused and the notices as per registered A/d and UPC were also served upon through counsel, but no response was given. Ultimately, the complaint was filed by him.

( 5 ) IT was stated that since the complainant/respondent is bed ridden on account of paralysis and was not able to move and walk, the complaint was presented on his behalf by Mr. Raghunath Prasad Gupta, a power of attorney holder. The complaint (Annexure P/1) filed on the record of Cri. Revn. No. 344/2000, shows the thumb-impression of the complainant himself, which was attested as is apparent. The cause title of the complaint also shows the name of Sant Prakash Gupta s/o Shri Gurlasharan as complainant, through power of attorney holder namely Raghunath Prasad s/o Shri Rambharosilal Jindal. The complaint is also accompanied by Vakalatnama of Shri P. L. Jain, Advocate and it contains the thumb-impression of the complainant, S. P. Gupta as well.

( 6 ) AS regards Cri. Revn No. 412/2000, the facts of this case are also similar as that of Cri. Revn. No. 344/2000. In this case the complaint was signed by the complainant herself namely Smt. Alka Gupta against the petitioners/accused under Section 138 of the N. I. Act, as per Annexue-P/1, on the record, contending therein that the petitioners/accused took a loan from her amounting to Rs. 10,25,000/- and in lieu thereof, on 15-12-97, promissory note in the sum of Rs. 25,000/-, on 26-12-97, promissory notes in the sum of Rs. 1,00,000/- each, on 21-10-97, one promissory note in the sum of Rs. 7,00,000/, on 1-11-97, one promissory note in sum of Rs. 1,00,000/- and on 12-12-1997 one promissory note in the sum of Rs. 1,00,000/- were executed in favour of the complainant. On 15-12-98 cheque No. 315/ 91, in the sum of Rs. 25,000/-, on 26-12-98 cheque No. 315086, in the sum of Rs. 1,00,000/-, on 21-10-98 cheque No. 315071, in the sum of Rs. 7,00,000/-, on 1-11-98 cheque No. 315081, in the sum of Rs. 1,00,000/- and on 12-12-98 cheque No. 315087, in the sum of Rs. 1,00,000/- were given to the complainant/respondent, which total amounted to Rs. 10,25,000/ -.