SUMAN JINDAL Vs. VARUN GUPTA

JUDGEMENT

(1.) These petitions are filed praying for quashing the criminal complaints filed under Section 138 of the Negotiable Instruments Act and the respective summoning orders issued by the trial court.

(2.) The respondent is the complainant who has filed six complaints through his power of attorney Rakesh Kumar Gupta against the petitioner herein under Section 138 of the Negotiable Instruments Act alleging that the cheques issued for the subsisting liability were dishonored by the bank and the statutory notice issued also did not evoke positive response from the petitioner herein.

(3.) The trial court having examined the power of attorney Rakesh Kmar Gupta appointed by the complainant Varun Gupta took cognisance of the offence under Section 138 of the Negotiable Instruments Act and passed the respective summoning orders under challenge. The complaints as such do not specifically refer to the knowledge of the power of attorney holder about the impugned transaction. The power of attorney refers to the specific power conferred on the power of attorney holder to file a complaint under Section 138 of the Negotiable Instruments Act.