PRADEEP MOHANBAY Vs. MINGUEL CARLOS DIAS

JUDGEMENT

(1.) THE petitioner was held guilty under section 138 of the Negotiable Instruments Act ( hereinafter called as "the said Act") and was sentenced to pay a fine of Rs. 18,000/-, in default, simple imprisonment of one month by the Judicial Magistrate, First Class, Margao. The petitioner filed an appeal before the Sessions Judge, Margao against the said order and the learned Sessions Judge, by judgment dated 12-3-99 maintained the conviction of the petitioner, but reduced the fine to Rs. 13,500/- and in default to undergo simple imprisonment of one month. He further ordered that a sum of Rs. 9,000/-, out of the said fine shall be paid as compensation to the complainant/respondent No. 1. The petitioner challenges the said order of conviction and sentence in this revision.

(2.) THE only point which was argued before the Sessions Judge was that whether a complaint could be filed by Power of Attorney in view of section 142 of the said Act and whether the Power of Attorney could give evidence on behalf of the complainant? The same point has been urged before me by learned Advocate for the petitioner.

(3.) LEARNED Advocate for the petitioner states that though there are rulings of various High Courts on the question that a complaint could be filed in view of section 142 of the said Act through Power of Attorney, yet there is no pronouncement of the High Court on the question as to whether Power of Attorney could also depose on behalf of the complainant. The learned Advocate for the petitioner placed before me rulings in (A. K. Roy and another v. State of Punjab and others), A. I. R. 1986 S. C. 2160, (Hamsa v. Ibrahim), 1994 (I) Crimes 395, and (Suresh Srinivasan Iyengar v. State of Maharashtra and others), 1998 (4)Bom. C. R. 589 : 1999 (I) Crimes 161 : 1999 All. M. R. (Cri) 504 : 1999 (2) All. M. R. 248. According to her, Power of Attorney cannot depose on behalf of the complainant even though it may be possible to file a complaint through Power of Attorney.