Not signed by complainant (pages) but by his Power of Attorney holder - Not maintainable - Power of Attorney holder would not be a holder in due course of the cheque.

Citation

2002 CRI. L. J. 2621

ANDHRA PRADESH HIGH COURT

BILAL NAZKI , J. and GOPALA KRISHNA TAMADA , J.

Criminal Petn. Nos. 2211,2212,2213, 2214,2215,2218,2219 and 2220 of 2000, D/- 18 - 2 - 2002

S.P. Sampathy and etc Petitioners v. Smt. Manju Gupta and another etc. Respondents

Negotiable Instruments Act (26 of 1881), S.142(a) - Criminal P. C. (2 of 1974), Ss. 5, 195 -

Cognizance of offence punishable under S. 138 - Provisions of Criminal P. C. do not apply -

Complaint made in name of complainant/payee - Not signed by complainant (pages) but by his

Power of Attorney holder - Not maintainable - Since Power of Attorney holder has no entity in

terms of S. 142 - Power of Attorney holder would not be a holder in due course of the cheque.

1997 Cri LJ 3862 (Andh. Pra.), Not good law.

1994 (2) Civil CC 60 (Cal), 1995 Cri LJ 1102 (Mad) and 1997 (1) Civil CC 81 (Punj and Har),

Dissented from.

From bare perusal of