SHASHI SHRIVASTAVA Vs. VIDYADEVI KUSHWAH

JUDGEMENT

(1.) THIS petition is for impugning the order dated 17th March, 2006 passed by the 1st Additional Sessions Judge, Gwalior in Criminal Revision No. 31/06, whereby the learned Judge has affirmed an order dated 10th January, 2006 passed by the JMFC, Gwalior in Criminal Case No. 1302/04. Vide order dated 10th January, 2006, the leaned Magistrate has rejected an application filed on behalf of the petitioner negating his prayer to quash the complaint as the same has not been filed by the complainant but by power of attorney holder and thus not in accordance with the provisions of Section 142 of the Negotiable instruments Act (hereinafter it shall be referred to as 'the Act' ).

(2.) ON perusal, the complaint dated 11 -2-2002, it has been filed by the respondent/complainant against the petitioner/accused for the offence punishable under Section 138 of Negotiable Instruments Act (hereinafter referred to as 'the Act' ). The title of the complainant as has been given in the complaint is:- Smt. Vidiya Devi Kushwaha. w/o Jagdish Kushwaha, aged about 52 years, occupation Household r/o House No. 272, Saket Nagar, Gwalior. Through power of attorney holder Jagdish Kushwaha, R/o House No. 272, Saket nagar, Gwalior. This complaint has been signed by power of attorney Jagdish singh. (Emphasis supplied)

(3.) THE contention of Shri Bhadoria, the learned Counsel for the petitioner is that as provided by sub-section (a) of Section 142 of the Act, the complaint is required to be filed by payee or holder of the cheque in due course by himself and not through the power of attorney holder. The relevant provision of Section 142 (a) goes as under:-