KEWAL KUMAR JAGGI Vs. VINOD KUMAR SAHU

JUDGEMENT

(1.) THIS order shall govern the disposal of aforesaid two M. Cr. C, under section 482 of Cr. PC because the same legal point (complaint under Section 138 of Negotiable Instrument Act was signed by non-applicant advocate on basis of memo of appearance duly signed by non-applicants) is involved in both the cases. Learned JMFC Jabalpur in R. T. No. 29/2003 and 193/2002, dismissed the objection raised by applicant on the ground of maintainability.

(2.) THESE complaints under Section 138 of Negotiable Instruments act 1881 (hereinafter referred as to 'act 1881') was filed by respondents with the signature of his Advocate Shri Surendra Verma. Applicants filed an application for quashing the complaint on the ground these complaints have been filed without the signature of the complainant and they are signed by their Advocate on the basis of memo of appearance. As the learned Magistrate in impugned order dated 12-12-2005 has held that he has already taken cognizance therefore he cannot go behind orders. Feeling aggrieved these petitions under Section 482 of Cr. PC are filed before this Court.

(3.) THE only disputed question before me is that what will be the fate of such complaint which has been signed and presented by a complainant advocate instead of complainant.