Mumbai, April 07: A power of attorney can file a
criminal complaint on behalf of the actual aggrieved person,
the Bombay High Court ruled in a recent case.
Earlier, two other judges of the Bombay High Court had
given conflicting judgments on the the question whether a PoA
can file a complaint.
In one case, High Court had held that since a PoA
could not be made liable for filing false or frivolous
complaint, a complaint by PoA can not be entertained.
But in the judgement last week, Justice RC Chavan of
Nagpur bench of the High Court held that in the light of a
2008 Supreme Court judgement, the issue has been now settled.
Two criminal appeals had come up before Justice
Chavan both related to cheque bouncing cases.
In both the cases, the payee (in whose name cheque was
drawn) did not file, nor sign the complaint. PoA filed the
complaint. Further, it was the PoA who was examined in the
trial court.
The accused were acquitted by lower courts, as
complainants themselves had not been examined.
But Justice Chavan, relying on Supreme Court`s latest
ruling on this issue, held that there was nothing wrong in a
PoA filing a complaint, and testifying in the court.
The cases were sent back to trial court, for fresh
consideration.
Bureau Report
