MAHENDRA KUMAR Vs. ARMSTRONG

JUDGEMENT

(1.) BEING aggrieved of the order dated 25. 5. 2004 passed by learned Addl. Sessions Judge, Kukshi, District Dhar in Cr. Revision No. 38/2004 wherein the learned revisional Court maintained the order of the Trial Court dated 21. 1. 2004 passed in Criminal Case No. 169/2003, the petitioner has filed Misc. Criminal Case No. 2972/2004 and against the order dated 8. 9. 2004 passed by learned XV Addl. Sessions Judge, Indore, in Criminal Revision No. 564/2004, wherein the learned revisional Court maintained the order of the Trial Court dated 16. 8. 2004 passed in Criminal Case No. 1742/2002, the petitioner has preferred Misc. Criminal Case No. 4198/2004.

(2.) SINCE common questions arc involved in both the petitions, the same are taken up together and dispose of by this common order.

(3.) IN both the above mentioned petitions under Section 482 of Criminal Procedure Code filed by the petitioner/accused, the core question for decision is whether the criminal complaint can be filed for the offence under Section 138 of the Negotiable Instruments Act (hereinafter shall be referred to as "the Act") by general or special power of attorney holder of the complainant and whether the examination of power of attorney holder of complainant on oath satisfies the requirements of Section 200 of the Criminal Procedure Code.