TaxTMI 
TaxTMI 
TaxTMI 
2021 (2) TMI 754
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.... Senior Counsel representing M/s. R.S. Associates, learned counsel for the petitioner and the learned Public Prosecutor. 3. The learned counsel for the petitioner has filed a memo vide USR No.5288 of 2021 dated 02.02.2021 mentioning that respondent Nos.2 and 3 herein are not necessary parties. 4. The petitioner herein has filed a complaint in CC (SR) No.2628 of 2020 under Section - 200 of the Code against respondent Nos.2 and 3 herein for the offences punishable under Sections - 447, 448, 451 of the Companies Act, 2013 and Sections - 628 and 629A of the Companies Act, 1956 and Sections - 405, 415, 420, 425, 464, 468, 471 and 120-B of IPC. The said complaint has been filed by the Power of Attorney Holder of the complainant, who is authoriz....
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.... under the 1956 Act, if found to be not maintainable at the time of framing of charges." 6. Thereafter, the Sessions Court has returned the said complaint with the following endorsement on 05.01.2021: "Explain the locus standi of the GPA Holder of the complainant to file the complaint before this Court under Companies Act, 2013." 7. Mr. S. Ravi, learned Senior Counsel, would submit that the petitioner herein has re-submitted the said complaint specifically explaining that Power of Attorney can maintain a private complaint under Section 200 of the Code at the behest of the original complainant. Reliance was also placed on the principle laid down by the Apex Court in A.C. Narayanan v. State of Maharashtra (2014) 11 SCC 790 and Nagarajappa....
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....ovided he has personal knowledge of the transaction in question. In a way, it is an exception to a well settled position that criminal law can be put in motion by anyone [vide Vishwa Mitter (supra)] and under the Statute, one stranger to transaction in question, namely, legal heir etc., can also carry forward the pending criminal complaint or initiate the criminal action if the original complainant dies [Vide Ashwin Nanubhai Vyas vs. State of Maharashtra (1967) 1 SCR 807]. Keeping in mind various situations like inability as a result of sickness, old age or death or staying abroad of the payee or holder in due course to appear and depose before the Court in order to prove the complaint, it is permissible for the Power of Attorney holder or ....
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....er is maintainable. 12. In view of the above stated authoritative principle laid down by the Apex Court, followed by the Karnataka High Court, coming to the facts of the case on hand, the original complainant, Mr. Jakka Vinod Kumar Reddy, has filed a complaint under Section 200 of the Code against respondent Nos.2 and 3 herein for the aforesaid offences through his power of attorney holder, Mr. Jakka Kiran Reddy. In the said complaint, it is specifically mentioned that the power of attorney holder is well acquainted with the facts of the case and he has been duly authorized by the original complainant to file the complaint at his behest. A copy of the power of attorney dated 13.12.2019 executed by the said Mr. Jakka Vinod Kumar Reddy is al....