1999 (10) TMI 721 - HC - Indian Laws

Summary

Issues involved:
The issues involved in this judgment include the validity of filing a complaint through a Power of Attorney u/s 142 of the Negotiable Instruments Act and the admissibility of the Power of Attorney as a witness on behalf of the complainant.

Validity of filing complaint through Power of Attorney:
The petitioner challenged the order of conviction and sentence u/s 138 of the Negotiable Instruments Act. The Sessions Judge had reduced the fine but upheld the conviction. The main argument revolved around whether a complaint could be filed by a Power of Attorney u/s 142 of the Act and if the Power of Attorney could depose on behalf of the complainant. Various High Court rulings were cited to support both sides of the argument.

Admissibility of Power of Attorney as a witness:
The debate continued on whether the Power of Attorney could depose on behalf of the complainant during the trial. The Public Prosecutor argued that a complaint for offenses u/s 138 of the Act could be filed through a Power of Attorney and that the Power of Attorney could be examined as a witness for the complainant. The judgment delved into the legal provisions and precedents from different High Courts to determine the admissibility of the Power of Attorney as a witness.

The judgment extensively discussed the interpretation of u/s 142 of the Negotiable Instruments Act, which deals with the cognizance of offenses. It highlighted the unanimity among various High Courts that a complaint for an offense u/s 138 of the Act can be filed by a Power of Attorney. The judgment also referenced legal principles from the Indian Contract Act and previous court decisions to support the admissibility of the Power of Attorney in such cases.

The judgment concluded that while the Power of Attorney cannot depose on behalf of the party giving the authority, they can act as a witness in a complaint filed based on the Power of Attorney. It emphasized that the Power of Attorney is entitled to appear as a witness and depose on facts within their knowledge. The ruling dismissed the revision, finding no merit in the petitioner's arguments.