1997 (4) TMI 529 - HC - Indian Laws

Summary

Issues:
Validity of filing a complaint under Section 138 of the Negotiable Instruments Act through an authorized agent holding a power of attorney.

Analysis:
The High Court of Andhra Pradesh addressed the issue of the maintainability of a complaint filed under Section 138 of the Negotiable Instruments Act through an authorized agent holding a power of attorney. The complaint was filed by Smt. M. Damayantamma through her authorized agent, Sri Malireddy Satyanarayana Reddy, who held a registered general power of attorney executed by the complainant. The petitioner-accused objected to the complaint, arguing that it was not maintainable as it was signed and filed by the authorized agent. However, the objection was rejected by the lower court.

In considering the legal aspect of the issue, the High Court referred to the case of Manimekalai v. Chapaldas Kalyanji, Sanghvi, where it was held that a complaint under Section 138 of the Negotiable Instruments Act can be filed through a person holding a power of attorney. The court also highlighted the provisions of Section 198 of the Code of Criminal Procedure, emphasizing that there is no restriction on filing a complaint for offenses other than those specifically mentioned in the Code. The court distinguished the case of Abhyoyeswwari v. Kishori Mohan Banerjee, where the complaint for defamation was not allowed due to the absence of a specific power of attorney for that purpose.

Additionally, the court discussed the case of Koya Moideen v. Hariharan, where a complaint under Section 138 of the Negotiable Instruments Act was filed based on a will, but the validity of the will was disputed. The court noted that without an adjudication on the validity of the will, the accused could not be prosecuted. However, the court clarified that the holding of a power of attorney does not render a person incompetent to institute a complaint under Section 138 of the Negotiable Instruments Act.

Ultimately, the High Court upheld the decision of the lower court, stating that the objection raised by the petitioner was unfounded. The court found no merit in any other points raised by the petitioner and dismissed the revision as devoid of substance.

In conclusion, the judgment reaffirmed the legality of filing a complaint under Section 138 of the Negotiable Instruments Act through an authorized agent holding a power of attorney, provided that the necessary legal requirements are met.