SANTHI M. VANNAN Vs. STATE AND ORS.

JUDGEMENT

(1.) This petition has been filed, seeking to set aside the order of return dated 26.10.2015 passed in unnumbered Cr.M.P.No. of 2015 in P.R.No.445 of 2013 by the Judicial Magistrate, Thirumangalam and to direct the learned Judicial Magistrate, Thirumangalam to number the same and to pass orders on merits.

(2.) The case of the petitioner is that the vehicle bearing Reg.No.TN-67- AH-0499, belonging to the petitioner's company, namely, Shanthi Transport Corporation, while proceeding towards Rajapalaym from Madurai, colluded with a two wheeler, which resulted in attacking the bus driver with stone and bricks and also broke the rear glass of the bus and TV sets. The damage caused to the bus is Rs.75,000/-.

(3.) To decide the issue, this Court feels that it is relevant to refer to the catena of judgments of the Hon'ble Supreme Court as well as this Court. The Hon'ble Supreme Court in State of Maharashtra and another vs. G.Kamalakar, 2014 AIR(SC) 630, while dealing with the NI Act, has observed that filing of complaint petition under Section 138 of NI Act through Power of Attorney is perfectly legal, provided such power of attorney or legal representative should have the knowledge about the transaction in question.