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2014 (9) TMI 1236 - SC - Indian LawsDishonor of Cheque - Signing of power of Attorney holder - eligibility criteria prescribed by Section 142(a) of NI Act - verification of Power of Attorney holder on oath Under Section 200 of the Code - knowledge of the Power of Attorney holder in the impugned transaction - presumption of knowledge - proceedings contemplated Under Section 200 of the Code can be dispensed with in the light of Section 145 of the N.I. Act or not - HELD THAT:- This power of attorney in light of the statement made by the Appellant in the complaint that because she was not keeping good health and was unable to come to the court and because the whole transaction was within the knowledge of her husband, who is her power of attorney holder, her husband represented her. We have no reason to doubt the submission of learned Counsel for the Appellant that it was very much on record. In any case, the fact that this submission which is factual in nature was first time raised in the High Court casts a shadow of doubt on its truthfulness. The complaint Under Section 138 of the NI Act can be filed through the power of attorney holder. In this case, Sudhir Gulvady is the power of attorney holder of the Appellant and he has filed the complaint on her behalf. The learned Magistrate recorded the statement of the power of attorney holder Under Section 200 of the Code on 5/3/2004 and issued summons - There can be no dispute about the fact that in this case, the power of attorney holder being the husband of the Appellant has witnessed all transactions and he possesses due knowledge about them. While holding in favour of the Appellant that the complaint can be filed by a power of attorney holder and on that ground complaint cannot be held not maintainable and that the power of attorney was very much on record, the matter is remanded to the High Court with a request that the High Court should hear both sides and decide whether the cheques in question were issued as a security or for the purpose of repayment of legally recoverable debt. Appeal allowed by way of remand.
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