SUMESH CHADHA Vs. ASHWYN SINGHANIA

JUDGEMENT

(1.) Quashing of criminal complaint filed under Sec. 138 of the Negotiable Instrument Act, 1881 (for short ^the Act of 1881') and summoning order passed therein are sought on two grounds i.e. (i) In the criminal complaint, which has been filed through power of attorney by the complainant, necessary averments/assertions as required and laid down by the larger Bench of the Hon'ble Supreme Court in the case of A.C. Narayanan vs. State of Maharashtra and another. 2013 (4) RCR (Criminal) 306. are conspicuously absent and (ii) in view of the order passed on 11/7/2018, respondent cannot be permitted to argue that the complaint and the summoning order as such are maintainable.

(2.) In the present case, criminal complaint under Sec. 138 of the Act of 1881 was filed by the respondent (complainant in the criminal complaint) through his father as special attorney. In para 1 of the complaint, it was pleaded as under:-

(3.) After filing the complaint on behalf of the complainant, his special attorney who is father of complainant appeared in evidence and tendered his affidavit in preliminary evidence, para 1 whereof is extracted as under:-