LOKPRIYA HOSPITAL PRIVATE LIMITED Vs. ANJUL KATARE

JUDGEMENT

(1.) THIS petition under Section 482 of the Cr.PC is for quashment of the order dated 3-9-2005 passed by the Sessions Judge, Durg in Criminal revision No. 16/2005 affirming the order dated 3-1-2005 passed by the Judicial Magistrate First Class, Durg in Complaint Case No. 188/2002, whereby learned Judicial Magistrate First Class has taken cognizance of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') against the petitioners herein on the basis of the complaint filed by the respondent herein.

(2.) QUASHMENT is prayed on the ground that filing of complaint in writing by the complainant, i.e., payee of the cheque or holder of the cheque is . sine qua non under clause (a) of Section 142 of the Act, but in the present case, the complaint has not been filed by the payee of the cheque, therefore, continuation of criminal proceeding against the petitioners herein would amount to abuse of the process of the Court.

(3.) IN the present case, complainant Anjul Katare has filed complaint through his General Power of Attorney holder Dr. S.R. Katare. This is not the case in which the complaint was filed by the General Power of Attorney on his own. The General Power of Attorney holder has not examined himself on behalf of the complainant, but he has examined himself as a witness of the facts. His statement reveals that he is having personal knowledge of the facts and he is aware of the facts.