G. KOMALAN Vs. THOMAS ALEXANDER

JUDGEMENT

(1.) The competence of a power of attorney holder to file a complaint under sec. 138 of the Negotiable Instruments Act, 1881 (for short the 'NI Act'), in the absence of any averment in the complaint about the power of attorney holder's knowledge of the facts of the case, arises for consideration.

(2.) Petitioner is the accused in C.C. No.1783/2021 on the files of the Judicial First Class Magistrate's Court-XII, Thiruvananthapuram. The first respondent instituted a complaint alleging dishonour of a cheque issued to him and consequential refusal to repay the amount pursuant to the statutory notice. The cheque dtd. 6/8/2018 issued by the petitioner to the complainant for an amount of Rs.2,35,00,000.00 (Rupees Two crores thirty-five lakhs) drawn on the ICICI Bank, CBD Belapur branch, towards the discharge of an existing liability was dishonoured.

(3.) As the complainant was allegedly abroad, the complaint was filed by the first respondent through his nephew - the power of attorney holder. Summons were issued after cognizance was taken on the basis of the complaint, the documents attached along with it and the affidavit of the power of attorney holder. After receipt of the summons, the petitioner has approached this Court under sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C') seeking to quash the proceedings contending that the power of attorney holder was not competent to institute the complaint.