_POWER-OF-ATTORNEY IN CHEQUE DISHONOUR CASES (COMPLAINT U/S 138 OF NEGOTIABLE INSTRUMENTS ACT,1881)

🌐 *_POWER-OF-ATTORNEY IN CHEQUE DISHONOUR CASES (COMPLAINT U/S 138 OF NEGOTIABLE INSTRUMENTS ACT,1881)_*

Power-of-attorney holder of legal heirs of the deceased complainant cannot file petition to continue the prosecution: U/S 138 of the N.I. Act, the original complainant died. The legal heirs of the deceased complainant appointed agents under power of attorney to proceed with the complaint. The power-of-attorney holders filed petition U/S 302 of Cr.P.C. to continue the prosecution. In this case the Supreme Court held that neither heirs of the complainant filed petition U/S 302 of the Code to continue the prosecution nor any permission was sought by them from the competent Court that they should be allowed to continue the prosecution through their power-of-attorney holders, rather the prayer was made by the power-of-attorney holders, which is not permissible under law. But the liberty was given to the heirs either to make an application themselves before the Court concerned to continue the prosecution or apply to the Court to grant permission to them to authorize a power-of-attorney holder to continue the prosecution on their behalf.

*[Jimmy Jahangir Madan Vs. Bolly Cariyappa Hindley, AIR 2005 SC 48 = (2004) 12 SCC 509].*
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