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Issues: (i) whether a power of attorney holder can present a complaint under Section 200 of the Code of Criminal Procedure in respect of an offence under Section 138 of the Negotiable Instruments Act; (ii) whether prosecution through a power of attorney holder can continue without permission under Section 302 of the Code of Criminal Procedure.
Issue (i): whether a power of attorney holder can present a complaint under Section 200 of the Code of Criminal Procedure in respect of an offence under Section 138 of the Negotiable Instruments Act.
Analysis: A complaint based on documentary material may be presented through an authorised agent. The presentation of the complaint by a power of attorney holder was held not to be invalid merely because the complainant did not personally file it. The authority to present the complaint was distinguished from the authority needed to conduct the prosecution.
Conclusion: The complaint could validly be presented by the power of attorney holder.
Issue (ii): whether prosecution through a power of attorney holder can continue without permission under Section 302 of the Code of Criminal Procedure.
Analysis: Permission of the court is required before a representative is authorised to prosecute the case. The earlier authority was read as requiring the complainant or the legal representatives, as the case may be, to seek such permission. In the facts before the Court, the complaint had been presented through a power of attorney holder and process had been issued without obtaining the necessary permission to prosecute through the representative.
Conclusion: Prosecution through the power of attorney holder could not continue without permission under Section 302 of the Code of Criminal Procedure.
Final Conclusion: The order issuing process was set aside and the proceedings were quashed, while recognising that presentation of the complaint through a power of attorney holder was permissible.
Ratio Decidendi: Presentation of a complaint through an authorised power of attorney holder is permissible, but continuation of the prosecution through such representative requires prior permission of the court where the governing procedural law so mandates.
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