Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | complaint petition Negotiable Instruments Act Power of Attorney holder |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Negotiable Instruments Act, 1881- ss. 138, 142 and 145- Filing of complaint petition by Power of Attorney holder -Validity- Whether a Power of Attorney holder can be verifiedon oath - Whether specific averments as to the knowledgeof the Power of Attorney holder in the impugned transactionmust be explicitly asserted in the complaint - Effect of s. 145 - Held: Filing of complaint petition uls. 138 through power ofattorney is perfectly legal and competent - The Power ofAttorney holder can depose and verify on oath before theCourt in order to prove the contents of the complaint -However, the power of attorney holder must have witnessed the transaction as an agent of the payee/holder in due courseor possess due knowledge regarding the transaction - It isrequired by the complainant to make specific assertion as tothe knowledge of the power of attorney holder in the saidtransaction explicitly in the complaint - Power of attorneyholder who has no knowledge regarding the transaction cannot be examined as a witness in the case - In the light ofs. 145, it is open to the Magistrate to rely upon the verificationin the form of affidavit filed by the complainant in support ofthe complaint uls. 138 and the Magistrate is neither mandatorily obliged to call upon the complainant to remainpresent before the Court, nor to examine the complainantupon oath for taking the decision whether or not to issueprocess on the complaint uls. 138 - The functions under thegeneral power of attorney cannot be delegated to another person without specific clause permitting the same in thepower of attorney - Nevertheless, the general power ofattorney itself can be cancelled and be given to anotherperson - Code of Criminal Procedure, 1973 - s.200. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 612 |
Petitioner | A.c. Narayanan |
Respondent | State Of Maharashtra & Anr. |
SCR | [2013] 11 S.C.R. 80 |
Judgement Date | 2013-09-13 |
Case Number | 73 |
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