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Issues: Whether a complaint under Section 138 of the Negotiable Instruments Act can be instituted through a duly authorised power of attorney holder.
Analysis: A complaint for the offence under Section 138 was presented by the complainant through her authorised agent holding a registered general power of attorney empowering him to recover her debts. The objection was that such a complaint was not maintainable because it was signed and filed by the power of attorney holder. The Court noted that the Code of Criminal Procedure contains specific restrictions only in relation to complaints under Sections 198, 198-A and 199, and does not otherwise prohibit institution of complaints for offences under other laws through an authorised holder. The cited authorities did not assist the petitioner, as they were distinguishable on their facts and did not lay down any rule that a power of attorney holder is incompetent to file a complaint under Section 138.
Conclusion: The complaint was maintainable when filed through the authorised power of attorney holder, and the objection was rightly rejected.
Ratio Decidendi: In the absence of a statutory bar, a complaint under Section 138 of the Negotiable Instruments Act may be instituted through a duly authorised power of attorney holder.
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