B MAHENDRA JAIN Vs. C K MOHAMMED ALI

JUDGEMENT

(1.) The petitioner is the Power of Attorney holder of his father Babulal Jain, filed a complaint on behalf of his father against the respondent Mohammed Ali for the offence punishable under Section 138 of Nagotiable Instruments Act.

(2.) The learned Magistrate, after recording the sworn statement, dismissed the complaint on the simple ground that the complainant Babulal Jain cannot be represented by a Power of Attorney holder, in view of the wording contained under Section 142 of Negotiable Instruments Act to the effect that 'No Court shall take cognizance of any offence punishable under Section 138 of Negotiable Instruments Act except upon a complaint in writing made by the payee, or as the case may be, the holder in due course of the cheque.

(3.) To arrive at this conclusion, the learned Magistrate derived support from the judgment of this Court reported in (Sagayadurai and others vs. J.D. Electronics). This order is being challenged in this revision 1997 (1) L.W. (Crl.) 297 (1) is the authority for the proposition which is given below: