Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 188 Negotiable Instruments Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Negotiable Instruments Act, 1881-ss. 138 and 142- Complaint petition through power of attorney - Magistrate took cognizance of the complaint without prima facie establishing the fact as to whether (he Power of Attorney existed in first place and whether it was in order -Complaint against appellant not preferred by the payee or the holder in due course - No statement on oath of the person who filed the Complaint that he filed the complaint having been instructed by the payee or holder in due course of the cheque - Held: Since the complaint was not filed abiding with the provisions of the Act it was not open to the Magistrate to take cognizance - No mention of, or reference to the Power of Attorney in the body of the complaint nor was it exhibited as part of the said complaint- Further, in the list of evidence just a mere mention of the words viz. "Power of Attorney': however no date or any other particulars of the Power of Attorney mentioned in the complaint- Even in the verification statement made by respondent no. 2, not even a whisper that she filed the complaint as the Power of Attorney holder of the complainant - Even the order of issue of process not mentioning that the Magistrate had perused any Power of Attorney for issuing process -Appellant stated that his Advocate conducted search and inspection of the papers and proceedings of the criminal complaint and found that no Power of Attorney was found to be a part.of that record- Respondents did not dispute the same - In that view of the matter, the Magistrate wrongly took cognizance in the matter and the Court below erred in putting the onus on the appellant rather than the complainant- Proceedings against appellant accordingly quashed. Negotiable Instruments Act, 1881 - ss. 138 and 142- Complaint petition through power of attorney- One employee of the complainant Company signed the complaint and Deputy General Manager of the Company i.e. PW-1 gave evidence on behalf of the Company under the General Power of Attorney given by it as if he knows everything though he does not know anything - Nothing on the record to suggest that he was authorized by the Managing Director or any. Director- The complaint was not signed either by Managing Director or Director of the Company- As per Resolution of the Company, Managing Director and Director were authorized to file suits and criminal complaints against the debtors for recovery of money and for prosecution and they were authorized to appoint or nominate any other person to appear on their behalf in the Court and engage lawyer etc.- But nothing on the record suggest that an employee is empowered to fifeĀ· the complaint on behalf of the Company. Therefore, the Magistrate rightly acquitted the appellant. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2015 INSC 69 |
Petitioner | A.c. Narayanan |
Respondent | State Of Maharashtra & Anr. |
SCR | [2015] 11 S.C.R. 1016 |
Judgement Date | 2015-01-28 |
Case Number | 73 |
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