Supreme Court · 2015 INSC 69 · Decided 28 January 2015

A.C. Narayanan v. State of Maharashtra & ANR.

Court
Supreme Court of India
Citation
2015 INSC 69 · [2015] 11 S.C.R. 1016
Case number
CRIMINAL APPEAL No. 73/2007
Decided
28 January 2015
Bench
S. J. MUKHOPADHAYA, S.A. BOBDE (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
CrPC Section 482; NI Act Section 138, 142

Headnote

C Negotiable Instruments Act, 1881- ss. 138 and 142- Complaint petition through power of attorney - Magistrate took cognizance of the complaint without prima facie establishing the fact as to whether (he Power of Attorney existed in first place and whether it was in order -Complaint D by the payee or the holder in due course - No statement on oath of the person who filed the COf!Jplaint that he filed the complaint having been instructed by the payee or holder in due course of the cheque - Held: Since the complaint was not filed abiding with the E provisions of the Act it

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