REGENT COMPUTRONICS PVT. LTD.

Y.VIJAYALAKSHMI ALIAS RAMBHA Appellant

V/S

MANICKAM NARAYANAN Respondents

Referred Judgements :-

C.B.S.GRAMAPHONE RECORDS AND TAPES (INDIA)LTD. VS. NOORUDEEN [REFERRED TO]
SURINDER SINGH VS. JOHN IMPEX (PVT.) LTD. [REFERRED TO]
B.MAHENDRA JAIN V. C.K.MOHAMMED ALI [REFERRED TO]
UJWAL TEXTILES AND ANOTHER VS. V.N.COMMERCIAL CORPORATION AND ANOTHER [REFERRED TO]
RAJAN GEORGE VS. STATE OF KERALA [REFERRED TO]
S.P.SAMPATHY VS. MANJU GUPTA [REFERRED TO]
RAMACHANDRA RAO,K VS. STATE OF ANDHRA PRADESH [REFERRED TO]
RAMESH VS.GANESHCHANDRA AND OTHERS [REFERRED TO]
RAVULU SABBA RAO VS. COMMR OF INCOME TAX MADRAS [REFERRED TO]
HARISHANKAR RASTOGI VS. GIRDHARI SHARMA [REFERRED TO]
VISHWA MITTER OF VIJAY BHARAT CIGARETTE STORES DALHOUSTE ROAD PATHANKOT VS. O P PODDAR [REFERRED TO]
T C MATHAI VS. DISTRICT AND SESSIONS JUDGE THIRUVANANTHAPURAM KERALA [REFERRED TO]
MMTC LIMITED VS. MEDCHI CHEMICALS AND PHARMA PRIVATE LIMITED [REFERRED TO]
JIMMY JAHANGIR MADAN VS. BOLLY CARIYAPPA HINDLEY [REFERRED TO]
SATISH and CO VS. S R TRADERS [REFERRED TO]
PAYYATI SAVITRI DEVI VS. MALIREDDY DAMAYANTAMMA [REFERRED TO]
RBF NIDHI LIMITED VS. STATE OF A P [REFERRED TO]
GOPALAKRISHNA TRADING COMPANY VS. D BASKARAN [REFERRED TO]
K M MAREGOWDA VS. SEVEN HILLS EX IMPORT CO BANGALORE [REFERRED TO]
RUBY LEATHER EXPORTS VS. K VENU [REFERRED TO]
MANIMEKALAI VS. CHAPALDAS KALYANJI SANGHVI [REFERRED TO]
HAMSA VS. IBRAHIM [REFERRED TO]
A KRISHNAN VS. S P KUMAR [REFERRED TO]
RAVI KUMAR AND ANOTHER VS.R. RAMALINGAM REP.BY POWER OF ATTORNEY [REFERRED TO]
KRISHNA SINGH VS. STATE OF BIHAR [REFERRED TO]
M KRISHNAMMAL; THAYARAMMAL VS. TBALASUBRAMANIA PILLAI, POWER OF ATTORNEY AGENT OF MKRISHNAMMAL; KUPPUSWAMI NAIDU [REFERRED TO]

JUDGEMENT

(1.) COMMON Order criminal Original Petitions No. 1225 and 1226 of 2005 are filed to call for the records in C. C. No. 7527 and 7764 of 2004 respectively on the file of XVIII Metropolitan Magistrate, Saidapet and quash the same. Criminal Original Petition No. 1688 of 2005 is filed to set aside the order passed in Crl. M. P. No. 284 of 2005 in C. C. No. 7527 and 7764 of 2004 on the file of XVIII Metropolitan Magistrate, Saidapet and quash the same.

(2.) PETITIONER is the accused in C. C. No. 7527 and 7764 of 2004 pending on the file of XVIII Metropolitan Magistrate, Saidapet. She is alleged to have availed Rs. 91,00,000/- as loan from the respondent / complainant agreeing to repay the same with interest. During the above transaction, on 25. 09. 2003, when the accused borrowed a sum of Rs. 75,000/- on 25. 09. 2003, she issued three post dated cheques in repayment of the same and had also executed three promissory notes. When the three cheques were presented for collection, they were returned and dishonoured with the endorsement "payment Stopped by the drawer". The complainant therefore issued a notice and after receiving the same, she did not make any payment. Subsequently, the petitioner/accused had also filed a civil suit in C. S. No. 787 of 2004 on the file of this Court. The petitioner is alleged to have committed an offence punishable under section 138 of the Negotiable Instruments Act, on the basis of two private complaints initiated by respondent.

(3.) THE point for consideration is as to whether a complaint under section 138 of Negotiable Instruments Act (hereinafter referred to as 'the Act') be filed by a Power of Attorney?

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Y VIJAYALAKSHMI ALIAS RAMBHA Vs. MANICKAM NARAYANAN

Referred Judgements :-

JUDGEMENT

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