2025 (1) TMI 57

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....mplaint about the power of attorney holder's knowledge of the facts of the case, arises for consideration. 2. Petitioner is the accused in C.C. No.1783/2021 on the files of the Judicial First Class Magistrate's Court-XII, Thiruvananthapuram. The first respondent instituted a complaint alleging dishonour of a cheque issued to him and consequential refusal to repay the amount pursuant to the statutory notice. The cheque dated 06.08.2018 issued by the petitioner to the complainant for an amount of Rs.2,35,00,000/- (Rupees Two crores thirty-five lakhs) drawn on the ICICI Bank, CBD Belapur branch, towards the discharge of an existing liability was dishonoured. 3. As the complainant was allegedly abroad, the complaint was filed by t....

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.... propositions laid down in Narayanan's case (supra) do not apply to the facts of the present case especially since, in a complaint under section 138 of the NI Act, the presence of the complainant is not necessary at the stage of taking cognizance. It was further pointed out that petitioner had earlier filed Crl.M.C No.5438/2022 and had later, withdrawn the said petition on 27-10- 2022 without being given the liberty to file a fresh petition and hence he is estopped from filing this petition. 6. While considering the rival contentions, it needs to be borne in mind that a power of attorney holder is a competent person to file a complaint under section 138 of the NI Act. The aforesaid proposition has already been settled by various judg....

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....the complaint; and vi) The complaint by power of attorney holder on behalf of the original complainant is maintainable though he cannot file a complaint in his own name. 8. In the instant case, the petition to quash the complaint was filed immediately after the summons was served on the accused. Neither the complainant nor the power of attorney holder has been examined. Summons have been issued based on the complaint, the documents, and the affidavit filed in support of the same. 9. There is no averment in the complaint that the power of attorney holder is aware of the transaction. Still, the copy of the power of attorney is produced along with the complaint. The cause title also refers to the fact that the complainant is rep....