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1 - 4 of 4 (0.91 seconds)Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Ranjitha Balasubramanian And Anr. vs Shanthi Group And Ors. on 12 December, 2006
16. If the principles held in the above decision are applied
to the case on hand, similar is the situation in the case on hand
as even in this case the person who filed the complaint i.e.,
Naveen has not produced power of attorney. Though a zerox
copy of the same is filed to the court, same cannot be
considered as a document by this court as same is not having
any legal sanctity in the eyes of law. In the absence of such
authority, his sworn statement has been recorded and
summons was issued to the accused. As it is clear that the said
Naveen who filed the complaint had no authority to present the
complaint, the complaint on hand is liable to be dismissed. In
other words, this Court is of the view that the complaint is not
maintainable in the eyes of law and such defect is an incurable
SCCHÂ14 11 CC.No.3420/2020
defect. Mere examining the other respective power of attorney
holder at a subsequent stage of the proceedings cannot cure the
defect. Hence, with all these observations, I proceed to answer
Point No.1 in the 'Negative'.
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