The Weekly Obiter

COMPLAINT FILED BY POWER OF ATTORNEY HOLDER MAINTAINABLE IN LAW: SC:SEPTEMBER 25, 2018

November 26, 2018

The Hon’ble SC has reiterated that a complaint filed under Section 138 of NI Act, 1881 by the Power of Attorney Holder would be maintainable in law. In SK Tamisuddin vs. Joy Joseph Creado, Criminal Appeal No. 237 of 2012, the Hon’ble SC reiterated the said position as in A.C. Narayanan vs. State of Maharashtra. In this case, the Special Power of Attorney Holder had filed the complaint on behalf of Sairabee. During the pendency of the case, Sairabee died. The application filed by Power of Attorney Holder, who was also her son, to continue the prosecution as her legal heir, was allowed by the trial court.
On appeal, the bench said: “We have considered the decision of this Court in A.C. Narayanan vs. State of Maharashtra and Another, wherein this Court has clearly held that a complaint filed by the power of attorney holder would be maintainable in law. If that is so, the initial complaint filed by the appellant on behalf of Sairabee as the complainant would not be invalid in law as held by the High Court in the order under challenge.” The Hon’ble SC while setting aside the order of the high court, further observed that legal heir of a person aggrieved is entitled to continue a criminal complaint. “ 

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