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2017 (10) TMI 905 - HC - Indian LawsRight of power of attorney - offence under NI Act - Held that:- Power of attorney holder has a right to file, appear and depose for the purpose of issuance of process for an offence under section 138 of the Negotiable Instruments Act. The complainant thus seems to have personal knowledge of the transaction and as has been stated above, he was representing the company being the constituted power of attorney holder and therefore the order of the learned court below dismissing the complaint under section 203 of Cr.P.C. holding therein that the complainant did not have the locus standi to file a complaint is wholly contrary to the principles of law laid down by the Hon'ble Supreme Court in the case of A.C. Narayanan Vs. State of Maharashtra and another. [ 2013 (9) TMI 948 - SUPREME COURT ] As a consequence to the discussions made herein above, this application is allowed and the impugned order dated 14.5.2012, passed in Complaint Case (C.P.) No. 271 of 2012, by the learned Judicial Magistrate, Dhanbad, whereby and whereunder complaint petition preferred by the petitioner was dismissed under section 203 Cr.P.C., is hereby set aside and the matter is remitted back to the learned court below to proceed with the complaint case instituted by the petitioner in accordance with law.
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