GREAT LANDCRAFT PVT. LTD. Vs. SMT. MOHNI VERMA W/O SHRI KISHORILAL VERMA THROUGH POWER OF ATTORNEY HOLDER SHRI KISHORI LAL VERMA S/O SHRI BANSHIDHAR VERMA

JUDGEMENT

(1.) The petitioners have preferred this criminal misc. petition under Section 482 Cr.P.C. against the order dated 25.02.2017 passed by learned Additional Sessions Judge No.2, Udaipur in criminal revision case No.27/2017 (CIS No. 138/2017) whereby the learned revisional court has affirmed the order dated 01.02.2017 passed by learned Special Judicial Magistrate, N.I. Act Cases No.2, Udaipur in case No.245/2016 and rejected the revision petition of the present petitioners.

(2.) Learned counsel for the petitioner has argued that the respondent filed a complaint under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to as the Act) through one power of attorney holder Shri Kishore Lal Verma alleging inter alia that the cheque issued by the petitioner has been dishonoured. The cognizance has been taken by the learned trial court vide order dated 27.06.2016, the necessary proceedings commenced. An application under Section 145 of the Act was preferred with the averments that the complainant has filed the complaint through power of attorney holder Shri Kishore Lal Verma, since the matter was pending in the evidence of the complainant and the witness of the complainant has filed his affidavit.

(3.) It is argued by learned counsel for the petitioner that an application was submitted under Section 145 of the Act while only the complainant can file the evidence by way of affidavit. It is also averred that the affidavit of power of attorney holder cannot be taken on record but the learned court below dismissed the application under Section 145 of the Act.