2008 (8) TMI 999

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.... and the material made available, the learned Magistrate directed issue of process. 2. Having regard to the said facts, the points that arise for my consideration in the present petition are. 1. Whether a power of attorney holder can present a complaint under Section 200 of the Code of Criminal Procedure? 2. Whether the power of attorney holder can prosecute the criminal proceedings without permission under Section 302 of the Code of Criminal Procedure? 3. The first point need not detain me long since it is already held by me in the case of Om Shakthi SC/ST and Minority Credit Co-Operative Society Ltd. v. M. Venkatesh reported in AIR 2008 Kar 311 that a power of attorney holder can present a complaint. 4. As regards the secon....

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....nless such an applications are made by the heirs, the said applications could not be entertained at all. In addition to the same as pointed out earlier it is clearly observed that the legal representatives themselves have not made applications under Section 302 seeking permission to prosecute the case and if they so desire to appoint the power of attorney holder, they should make an application seeking permission under Section 302 of the Code to appoint the power of attorney holder to prosecute the case. 6. Per contra, it is the argument of the learned Counsel for the Respondent that when once permission is granted to the legal representatives of the complainant authorising him to prosecute the proceedings and permitting them to be repre....

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.... death and right of legal heirs of deceased complainant has held that they can file petition under Section 302 Code of Criminal Procedure seeking permission and if such permission is sought by the said heirs, the same has to be considered in its perspective by the court dealing with the matter. As regards a case pertaining to Section 495, the law itself clearly states that it is only an aggrieved party who can present a petition. Such a situation does not arise in a complaint for an offence punishable under Section 138 of the Negotiable Instrument Act. 9. In the instant case, as I have already stated above that power of attorney holder can infect prosecute the complaint, but however in view of the law laid down by the Hon'ble Supreme....