TaxTMI 
TaxTMI 
2018 (10) TMI 1897
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.... and issuance of summons to accused Nos. 1 to 14 before it, for the offences punishable under Sections 500, 501, 502 of IPC. 2. PCR No. 277/2011 was filed by Sri. H.D. Kumaraswamy, the then member of the Parliament and Former Chief Minister and also present Chief Minister of the State of Karnataka, represented by his General Power of Attorney Holder Sri. K.T. Dhanukumar, against the accused who are 14 in number, under Section 200 of the Code of Criminal Procedure, 1973 (henceforth for brevity referred to as "the Cr.P.C"). It was alleged that on 15.11.2007, the accused printed, published, distributed, advertised and circulated derogatory/defamatory pamphlets in public places. The trial Court after taking cognizance of the matter, on 28.07....
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....ey-holder has done by any act or handled any transactions, in pursuance of the power of attorney granted by the principal, he may be examined as a witness to prove those acts, or transactions. If the attorney-holder alone has personal knowledge of such acts and transactions and not the principal, the attorney-holder shall be examined, if those acts and transactions have to be proved. (c) The attorney-holder cannot depose or give evidence in place of his principles for the acts done by the principal or transactions or dealings of the Principal, of which principle alone has personal knowledge. (d) Where the principal at no point of time had personally handled or dealt with or participated in the transaction and has no personal knowledge....
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....t may be possible to accept the evidence of such attorney even with reference to bona fides or "readiness and willingness". Examples of such attorney-holders are a husband/wife exclusively managing the affairs of his/her spouse, a son/daughter exclusively managing the affairs of an old and infirm parent, a father/mother exclusively managing the affairs of a son/daughter living abroad." 5. Second case, which the learned counsel for the petitioner relied upon is in A.C. Narayanan v. State of Maharashtra and another reported in (2015) 12 ACC 203, in the matter pertaining to Sections 138 and 142 of the Negotiable Instruments Act, 1881, the Hon'ble Apex Court was pleased to observe at Paragraph 15 as below: "15. While holding that ther....
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....e functions under the general power of attorney cannot be delegated to another person without specific clause permitting the same in the power of attorney. Nevertheless, the general power of attorney itself can be cancelled and be given to another person". 6. In the same case, the Hon'ble Apex Court was also pleased to observe that Magistrate had taken cognizance of the complaint, without prima facie establishing the fact, as to, whether the Power of Attorney existed in the first place and whether it was in order. Further, complaint against the appellant therein was not preferred by the payee or the holder in due course and the statement of oath of the person who filed the complaint has also not stated that he filed the complaint hav....
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....ing to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf". 7. Learned counsel for the respondents in his argument relied upon the judgment of the Hon'ble Apex Court in the case of John Thomas v. Dr. K. Jagadeesan reported in 2001 SCC (Cri) 974, wherein a complaint for defamation punishable under Section 199 of IPC against hospital by name "K.J. Hospital" was filed by one of its Director Dr. K. Jagadeesan (respondent before the Hon'ble Apex Court). The maintainability of the said complaint, not by the hospital, but by one of its Director was challenged. The Hon'ble Apex Court was pleased to observe that under S....
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....tructed and also aware of the facts of the case in hand. Therefore, in view of there being no bar under Section 199 Cr.P.C for filing of petition through the Power of Attorney, in the instant case the Power of Attorney having clearly stated that not only he has been instructed by Sri. H.D. Kumaraswamy, to file a complaint on his behalf and to prosecute it and also the Power of Attorney clearly stating that he is aware of the facts of the case in hand, it cannot be said that he ought not to have instituted a complaint under Section 200 Cr.P.C for the alleged offences punishable under Sections 200, 501 and 502 of IPC. In addition to the above, it is also to be noticed that what statement the Power of Attorney has made is only a sworn state....