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2021 (5) TMI 451 - HC - Indian LawsDishonor of cheque - the complaints filed under Section 200 Cr.P.C. through Power of Attorney holder maintainable or not - HELD THAT:- A perusal of the Power of Attorney would reveal that there is a specific mention that Power of Attorney will act on behalf of principal to do or to execute all or any of the acts or things which are mentioned therein including filing of the complaint, engaging lawyers etc. It is mentioned in the Power of Attorney, that the acts done by Attorney holder shall be deemed to have been done by the principal himself, his heirs, executors, administrators and legal representatives and ratified to that effect. There is a mention that the Power of Attorney holder is having knowledge and belief with regard to the transaction of facts and he has verified the contents of the complaints to the said effect. However, it is a question of fact which has to be elicited during the full fledged trial. The petitioners will be given an opportunity of cross-examination to prove the said fact that whether the Power of Attorney holder is having knowledge of facts of the present case or not. They can take advantage of the same and get acquitted. Instead of availing the same, the petitioners herein have filed the present complaints seeking to quash the CCs itself. Admittedly, the complaints are of the year, 2018 and the offence is under Section 138 of the Act. It is a summary trial procedure. The petitioners can proceed with the trial and prove that the cheques were not issued towards legally enforceable debt and that the 2nd respondent obtained the said cheques in dispute under threat and coercion. Instead of doing so, the petitioners filed the present petitions - thus, there are several factual aspects which are to be elicited during full fledged trial. The petitioners failed to establish any ground warranting interference of this Court in exercise of its power under Section 482 Cr.P.C. - Petition dismissed.
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