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ATTORNEY HOLDER:
Section 138 - Dishonour of cheque - Complaint by power of attorney holder - Landlord
authorised his General Power of Attorney holder to collect rent and file civil and Revenue
suits in case of dispute - Held, attorney can file criminal complaint too - Mere fact that
word 'Criminal Court" has not been expressly mentioned would not preclude the Attorney
from filing criminal complaint under Section 138 of the Act. (Surinder Singh Vs John
Impex (Pvt.)Ltd.) 1997(1) CIVIL COURT CASES 81 (P&H) : 1996 (3) RCR (CRL.)
0622 : 1997 (1) BANKING CASES 0247
Section 138 - Dishonour of cheque - Power of attorney holder can file a complaint
on behalf of the payee. (Abdul Rahim Vs Amal Kumar) 1994(2) CIVIL COURT CASES
60 (Cal.) : 1994 ISJ (BANKING) 0368
Section 138, 142 - A power of attorney holder of a payee or a holder in due course
can make a complaint u/s 142 of the Act. (Hamsa Vs Ibrahim) 1994(1) CIVIL COURT
CASES 248 (Ker.) : 1993 ISJ (BANKING) 0722 : 1994 (1) BANKING CASES 0314 :
1994 (1) BCLR 0159 : 1997 (88) COMP. CASES 0800 : 1994 (1) CRIMES 0395 : ILR
1994 (1) KERALA 0622
Section 138, Criminal Procedure Code, 1973, Section 205 & 317 - Dispensing with
personal attendance of accused - Where warrant of arrest has been issued against accused,
Section 205 Cr.P.C. does not apply and his personal appearance cannot be exempted - In
the instant case, warrant of arrest issued by CJM converted into bailable warrant by High
Court - Further direction issued that if accused appears and submits bail bond before
CJM, he shall be granted exemption u/s 317 and his appearance shall not be insisted upon
during trial. (Ajay Lunia Vs State of Rajasthan & Anr.) 1999(1) CIVIL COURT CASES
449 (Raj.) : 1999 (4) ALL INDIA CRIMINAL LR (RAJASTHAN) 0577