Power of Attorney holder can also file cheque bounce cases, says apex court
16 Sep 2013 11:07 PM GMT
The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant.
A three-judge bench headed by Chief Justice P Sathasivam gave the ‘authoritative’ pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court.
‘We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases),’ the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said.
A three-judge bench headed by Chief Justice P Sathasivam gave the ‘authoritative’ pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court.
‘We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases),’ the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said.
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