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        Case ID :
        Indian Laws

        The SC held that the complaint filed by the appellant u/s 138 of...

        Company Representative with Power of Attorney Can Initiate Criminal Proceedings Under Negotiable Instruments Act.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                The SC held that the complaint filed by the appellant u/s 138 of the NI Act through its manager and power of attorney holder was valid as per Section 142, since the averments made in the documents demonstrated the power of attorney holder's personal knowledge of the facts and due authorization to initiate criminal proceedings. The SC allowed the appeal, setting aside the High Court's quashing of the summoning order, observing that a peremptory quashing was unwarranted on an incorrect factual basis regarding the power of attorney holder's knowledge and authorization.
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