9911796707
TMI Blog2021 (2) TMI 754X X X X Extracts X X X X X X X X Extracts X X X X ..... power of attorney dated 13.12.2019 executed by the said Mr. Jakka Vinod Kumar Reddy is also filed. In the said power of attorney, it is specifically mentioned that the original complainant is living in Bangkok, Thailand, being pre-occupied to pursue the professional badminton training of his daughter, Miss. Jakka Vaishnavi Reddy, who represents India in Badminton on the International Circuit, was being ranked as Junior World No.2, as such, he will not be in a position to travel to Hyderabad, thereof as such, he has appointed Mr. Jakka Kiran Reddy as his power of attorney holder to file complaints, civil proceedings etc. It is also mentioned in the power of attorney that he does hereby agree to ratify and confirm all the acts and deeds done ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t for Economic Offences at Nampally, Hyderabad (for short Sessions Court ) to take cognizance of the complaint in CC (SR) No.2628 of 2020 and consequently number the same. 2. Heard Mr. S. Ravi, learned Senior Counsel representing M/s. R.S. Associates, learned counsel for the petitioner and the learned Public Prosecutor. 3. The learned counsel for the petitioner has filed a memo vide USR No.5288 of 2021 dated 02.02.2021 mentioning that respondent Nos.2 and 3 herein are not necessary parties. 4. The petitioner herein has filed a complaint in CC (SR) No.2628 of 2020 under Section - 200 of the Code against respondent Nos.2 and 3 herein for the offences punishable under Sections - 447, 448, 451 of the Companies Act, 2013 and Sections - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that the present Complaint has been instituted under the provisions of the Companies Act 1956 as well as the provisions of the Companies Act, 2013. The Complainant undertakes to withdraw the prosecutions under the 1956 Act, if found to be not maintainable at the time of framing of charges. 6. Thereafter, the Sessions Court has returned the said complaint with the following endorsement on 05.01.2021: Explain the locus standi of the GPA Holder of the complainant to file the complaint before this Court under Companies Act, 2013. 7. Mr. S. Ravi, learned Senior Counsel, would submit that the petitioner herein has re-submitted the said complaint specifically explaining that Power of Attorney can maintain a private complai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hereinabove, though Janki Vashdeo Bhojwani (supra), relates to powers of Power of Attorney holder under CPC but it was concluded therein that a plaint by a Power of Attorney holder on behalf of the original plaintiff is maintainable provided he has personal knowledge of the transaction in question. In a way, it is an exception to a well settled position that criminal law can be put in motion by anyone [vide Vishwa Mitter (supra)] and under the Statute, one stranger to transaction in question, namely, legal heir etc., can also carry forward the pending criminal complaint or initiate the criminal action if the original complainant dies [Vide Ashwin Nanubhai Vyas vs. State of Maharashtra (1967) 1 SCR 807]. Keeping in mind various situations l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anan1 and other judgments held that in view of the fact that there being no power under Section 199 of the Code for filing a petition through power of attorney holder, the complaint filed by the original complainant through power of attorney holder is maintainable. 12. In view of the above stated authoritative principle laid down by the Apex Court, followed by the Karnataka High Court, coming to the facts of the case on hand, the original complainant, Mr. Jakka Vinod Kumar Reddy, has filed a complaint under Section 200 of the Code against respondent Nos.2 and 3 herein for the aforesaid offences through his power of attorney holder, Mr. Jakka Kiran Reddy. In the said complaint, it is specifically mentioned that the power of attorney hold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould also reveal that the petitioner herein has filed a memo dated 18.12.2020 before the Sessions Court stating that the power of attorney holder can maintain a private complaint and also mentioned the principle laid down by the Apex Court and followed by the Karnataka High Court referred supra. Though, the said memo was filed, the Sessions Court has returned the complaint with the above said endorsement. 14. Thus, in view of the law laid down by the Apex Court, followed by the Karnataka High Court and on perusal of the record including the contents of power of attorney and the complaint, this Court is of the view that power of attorney holder can maintain a private complaint filed under Section 200 of the Code. 15. Accordingly, the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
