1999 (10) TMI 721

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....the fine to Rs. 13,500/- and in default to undergo simple imprisonment of one month. He further ordered that a sum of Rs. 9,000/-, out of the said fine shall be paid as compensation to the complainant/respondent No. 1. The petitioner challenges the said order of conviction and sentence in this revision. 2. The only point which was argued before the Sessions Judge was that whether a complaint could be filed by Power of Attorney in view of Section 142 of the Act and whether the Power of Attorney could give evidence on behalf of the complainant? The same point has been urged before me by learned Advocate for the petitioner. 3. Learned Advocate for the petitioner states that though there are rulings of various High Courts on the question ....

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....ce of offences.--Notwithstanding anything contained in the Code of Criminal Procedures, 1973 (2 of 1974),-- (a) no Court shall take cognizance of any offence punishable under Section 138 except upon a complaint in writing, made by the payee or, as the case may be, the holder in due course of the cheque; (b) such complaint is made within one month of the date on which the cause of action arises under Clause (c) of the proviso to Section 138; (c) no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any offence punishable under Section 138." I shall first refer to the pronouncement of various High Courts on the question posed and which is required to be decided in this revisio....

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....xceptions such as when the act to be performed is personal in character or that the act to be performed is annexed to a public office, or to an office involving fiduciary obligations. But apart from such exceptions the law is well settled that whatever a person can do himself, he can do through an agent. 9. The Madras High Court in Manimekalai v. Chapaldas Kalyanji Sanghvi, 1995 Cri.L.J. 1102, has laid down that the payee represented by the Power of Attorney can very well file a complaint for offence under Section 138 of the said Act. In Smt. Payyati Savitri Devi v. Malireddy Damayantamma and Anr., II (1999) BC 561=1997 Cri.L.J. 3862, the Andhra Pradesh High Court has laid down that a complaint under Section 138 of the said Act can be fi....

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....e C.P.C., the recognized agents of parties can be authorised by Power of Attorney to appear, act or make applications on behalf of such parties. This, obviously, does not include power to depose on behalf of the party who gives such Power of Attorney. Nevertheless, such Power of Attorney can appear as a witness for the party and depose in respect of the facts which are within his knowledge and on the basis of the record on which reliance is placed in the matter. Therefore, there is no bar for the Power of Attorney to act as a witness in a complaint filed on the basis of Power of Attorney given to him by the complainant. I am supported in this view taken by me by ajudgment of Rajasthan High Court, to which my attention has been drawn by lear....