Power of attorney holder may sign and support a proprietary concern's cheque dishonour complaint; complaint remains maintainable.

A complaint under Section 138 of the Negotiable Instruments Act may be filed in the name of a proprietary concern, and may be signed and presented by the proprietor or an authorised power of attorney holder acting for the proprietor. Section 142 requires only a written complaint by the payee or holder in due course; the manner of representation is governed by general law. A power of attorney holder with charge of the business and personal knowledge of the transaction may also be examined under Section 200 of the Code of Criminal Procedure, so the proprietor need not be the only witness. The complaint was therefore maintainable.

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Issues: Whether a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed in the name of a proprietary concern and signed by its power of attorney holder, is maintainable, and whether the power of attorney holder can be examined under Section 200 of the Code of Criminal Procedure.

Analysis: Section 142 of the Negotiable Instruments Act requires only that the complaint be in writing and be made by the payee or holder in due course. Where the payee is a proprietary concern, the concern may validly lodge the complaint in its own name, and the complaint may be signed and presented by the proprietor or by an authorised power of attorney holder acting on the proprietor's behalf. The representation of the payee is governed by general law, not by Section 142. A power of attorney holder who is in charge of the business and has personal knowledge of the transaction may also be examined under Section 200 of the Code of Criminal Procedure; the insistence that only the proprietor must be examined is unwarranted. The complaint in the present case was properly described as being by the payee concern represented by its power of attorney holder.

Conclusion: The complaint was maintainable and the High Court was wrong in quashing it on the ground that it was signed and supported by the power of attorney holder.

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