Negotiable Instruments Act: Complaint under section 138 can be filed through power of attorney holder
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[2015] 53 taxmann.com 465 (SC)
SUPREME COURT OF INDIA
Vinita S. Rao
v.
Essen Corporate Services (P.) Ltd.
SMT. RANJANA PRAKASH DESAI AND N.V. RAMANA, JJ.
CRIMINAL APPEAL NOS. 2065 -2066 OF 2014†
SEPTEMBER 17, 2014
Section 138, read with section 142, of the Negotiable Instruments Act, 1881 - Dishonour of cheque for insufficiency etc., of funds in account - Whether complaint under section 138 can be filed through power of attorney holder - Held, yes - Whether non-mentioning of power of attorney is not unusual and on this basis, no conclusion can be drawn that said document was not on record - Held, yes - Whether where appellant/complainant due to her bad health executed power of attorney in favour of her husband to file complaint under section 138 against respondent, complaint filed by appellant through power of attorney was maintainable - Held, yes [Paras 14, 19 & 24]
■■■
[2015] 53 taxmann.com 465 (SC)
SUPREME COURT OF INDIA
Vinita S. Rao
v.
Essen Corporate Services (P.) Ltd.
SMT. RANJANA PRAKASH DESAI AND N.V. RAMANA, JJ.
CRIMINAL APPEAL NOS. 2065 -2066 OF 2014†
SEPTEMBER 17, 2014
Section 138, read with section 142, of the Negotiable Instruments Act, 1881 - Dishonour of cheque for insufficiency etc., of funds in account - Whether complaint under section 138 can be filed through power of attorney holder - Held, yes - Whether non-mentioning of power of attorney is not unusual and on this basis, no conclusion can be drawn that said document was not on record - Held, yes - Whether where appellant/complainant due to her bad health executed power of attorney in favour of her husband to file complaint under section 138 against respondent, complaint filed by appellant through power of attorney was maintainable - Held, yes [Paras 14, 19 & 24]
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