A.C. NARAYANAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Delay in filing the counter-affidavit is condoned. Leave granted. Interpretation and/or application of Section 142(a) of the Negotiable Instruments Act, 1881 (the NI Act) is in question in this appeal which arises out of a judgment and order dated 12-8-2005, A.C. Narayanan v. State of Maharashtra, Criminal Application No. 803 of 2002, order dated 12-8-2005 (Bom) passed by a learned Single Judge of the High Court of Judicature of Bombay.

(2.) The basic facts of the matter are not in dispute. Several cheques on different dates were issued by the appellant herein which were dishonoured. The complainant executed a special power of attorney on or about 28-11-1997, in favour of one Smt Doreen Shaikh. She filed complaint petitions in the Court of the Additional Chief Metropolitan Magistrate, Bandra, Mumbai. The complaint petitions were filed in the name of the respective payees of the cheques. She also filed affidavits in support of the averments made in the said complaint petitions. Cognizance of offence under Section 138 of the NI Act was taken against the appellant. Summons were issued.

(3.) Questioning the order issuing summons by the learned Magistrate in exercise of his power under Section 204 of the Code of Criminal Procedure, the appellant herein filed a criminal application before the High Court of Judicature of Bombay, inter alia, contending that the complaint petitions filed by the power-of-attorney holder were not maintainable and relying thereupon or on the basis thereof the learned Magistrate could not have issued summons. The said contention has been negatived by the High Court in its impugned judgment, A.C. Narayanan v. State of Maharashtra, Criminal Application No. 803 of 2002, order dated 12-8-2005 (Bom).