RAVI GUPTA Vs. R.C. TIWARI

JUDGEMENT

(1.) THE point for consideration in these petitions under Section 482 of the Code of Criminal Procedure 1973 (CrPC) is whether a complaint under Section 138 of the Negotiable Instruments Act 1881 ('NI Act') can be filed by a complainant through a power of attorney (POA).

(2.) THE Petitioner is the accused in Complaint Case Nos. 460/1 of 2005 titled R.C. Tiwari v. Ravi Gupta, 461/1 of 2005 titled M/s. Tulshan International v. Ravi Gupta, 622/1 of 2005 titled Sarla Tulshan v. Ravi Gupta, 462/1 of 2005 titled M/s. Kanishka Enterprises Limited v. Ravi Gupta and 621/1 of 2005 titled J.M. Bhasin v. Ravi Gupta pending in the court of learned Metropolitan Magistrate (?MM?), Delhi. The petitioner has been summoned in these complaints for the offence under Section 138 NI Act.

(3.) CRL . M.C. 3019 of 2006 seeks the quashing of Complaint Case No. 460/1 of 2005 titled Shri R.C. Tiwari v. Shri Ravi Gupta. The complaint is about the dishonor of cheque No. 085312 dated 6th December 2004 for a sum of Rs. 5 lakhs and cheque No. 386087 dated 7th December 2004 for a sum of Rs. 5 lakhs in alleged discharge of the liability towards repayment of loans taken from the complainant by the accused.