1997 (4) TMI 529

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....oner that the complaint be dismissed being not maintainable has been rejected. 2. Under Section 138 of the Negotiable Instruments Act, the complaint has been filed by Smt. M. Damayantamma through her authorised agent Sri Malireddy Satyanarayana Reddy who is holding the registered general power of attorney executed by the complainant in his favour authorising him to recover all her debts. It is ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r Section 198 of the Code of Criminal Procedure, it is provided that no Court shall take cognisance of any offence punishable under Chapter XX of the Indian Penal Code, except upon a complaint made by some person aggrieved by the offence and it is mentioned in the proviso that under certain circumstances, the complaint can be lodged by persons named in it. Similarly, persons have been named who ca....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....at for committing any offences, a banker power of attorney had been given and under these circumstances, the Division Bench of the Calcutta High Court has held that in the absence of a specific power of attorney, the complaint for defamation cannot be filed. As noted above, complaint under Section 500 of the Indian Penal Code can be filed by persons as mentioned under Section 199 of the Code of Cr....