Power of attorney complaints under the Negotiable Instruments Act remain maintainable, and legal heirs may continue the prosecution.

A complaint under the Negotiable Instruments Act filed through a power of attorney holder is maintainable in law, and the prosecution may be continued by the legal heir of the deceased complainant. The Court found that the High Court had misread the application before the trial court as one seeking continuation in the capacity of a power of attorney holder, when it was in fact an attempt by the legal heir to continue the proceedings. On that basis, the quashing of the complaint was not warranted.

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Issues: Whether a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed through a power of attorney holder was maintainable, and whether the criminal proceedings could be continued by the legal heir of the deceased complainant.

Analysis: The Court held that a complaint filed by a power of attorney holder is maintainable in law. It further held that after the death of the complainant, the legal heir was competent to seek continuation of the prosecution, and the application filed before the trial court had been misunderstood by the High Court as if it were for continuance in the capacity of power of attorney holder. On that basis, the High Court ought not to have quashed the proceedings.

Conclusion: The complaint was validly instituted through the power of attorney holder, and the legal heir could continue the prosecution.

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