SMT. MONALISA AGRAWAL vs DEVANAND PATEL - 2026 Supreme(Online)(Chh) 1172

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Chh) 1172

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SMT. MONALISA AGRAWAL – Appellant
Versus
DEVANAND PATEL – Respondent

Judgement Key Points

What is the maintainability of a complaint under Section 138 NI Act filed through a power of attorney holder, when the POA holder has knowledge of the transaction and is running the business on behalf of the complainant? What are the requirements to prove an offence under Section 138 NI Act where the complainant uses a POA and the appellate court’s findings on the POA’s knowledge and authorization? What is the impact of the Supreme Court reference Naresh Potteries vs. Aarti Industries on maintaining complaints under Section 138 NI Act filed through a power of attorney in the present case?

What is the maintainability of a complaint under Section 138 NI Act filed through a power of attorney holder, when the POA holder has knowledge of the transaction and is running the business on behalf of the complainant?

What are the requirements to prove an offence under Section 138 NI Act where the complainant uses a POA and the appellate court’s findings on the POA’s knowledge and authorization?

What is the impact of the Supreme Court reference Naresh Potteries vs. Aarti Industries on maintaining complaints under Section 138 NI Act filed through a power of attorney in the present case?

AFR

2026:CGHC:5631 HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 84 of 2019 Judgment reserved on 19. 01. 2026 Judgment delivered on 02.02.2026 Smt. Monalisa Agrawal W/o Shri Ajay Kumar Agrawal Aged About 41 Years Proprietor Of M/s Mahalxmi Tractors, R/o Danipara, Raigarh, District Raigarh Chhattisgarh.

... Appellant (s)

versus

1. Devanand Patel S/o Shri Shoukilal Patel Aged About 32 Years Occupation-

Agriculture And Transporting, R/o- Village- Armuda, P.O.- Mahloi, Tahsil Pussour, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh

2. State Of Chhattisgarh Through District Magistrate- Raigarh, District-

Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ... Respondent(s)

... Respondent(s)

Hon'ble Shri Justice Narendra Kumar Vyas

CAV Judgment

1. This acquittal appeal has been filed under Section 378 (4) of the Code of Criminal Procedure, 1973 against the order dated 30.07.2018 in Criminal Appeal No. 54 of 2018 and in Criminal Appeal No. 72 of 2018 passed by Digitally signed by SANTOSH SANTOSH KUMAR KUMAR SHARMA SHARMA Date:

2026.02.02 +0530

5^th Additional Session Judge, Raigarh by which the learned 5^th Additional Sessions Judge has set as

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2026 Supreme(Online)(Chh) 1172

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURSMT. MONALISA AGRAWAL – AppellantVersusDEVANAND PATEL – Respondent

What is the maintainability of a complaint under Section 138 NI Act filed through a power of attorney holder, when the POA holder has knowledge of the transaction and is running the business on behalf of the complainant?

What are the requirements to prove an offence under Section 138 NI Act where the complainant uses a POA and the appellate court’s findings on the POA’s knowledge and authorization?

What is the impact of the Supreme Court reference Naresh Potteries vs. Aarti Industries on maintaining complaints under Section 138 NI Act filed through a power of attorney in the present case?

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SMT. MONALISA AGRAWAL – Appellant
Versus
DEVANAND PATEL – Respondent