Suntanu Biswas vs Unknown
2021 Latest Caselaw 4770 Cal

    13
13.09.2021

rrc

CRR 1723 of 2021 In re : An application under Section 482 of the Code of Criminal Procedure, 1973.

In the matter of : Suntanu Biswas ..... petitioner Mr. Anindya Bose Mr. Asok Banerjee Mr. Diptendu Mandal .....For the petitioner

Mr. Harpal Singh Ms. Anusua Biswas .....For the opposite party no. 1

It is submitted by the learned advocate for the petitioner,

that the complaint in the present case under Section 138 of the

Negotiable Instruments Act, 1881, has been filed by the power of

attorney holder of the petitioner company. The complaint is bereft

of required pleading as to the knowledge of the power of attorney

holder regarding the relevant transaction.

It has been submitted by the learned advocate for the

opposite party no. 1 that the complaint discloses the fact that the

case has been filed by the power of attorney holder of the

petitioner company.

It has been held by the Supreme Court in the judgment

reported at (2014) 11 SCC 790 (A. C. Narayan Vs. State of

Maharashtra and another) as follows:-

"33.2. The power-of-attorney holder can depose and verify on oath before the court in order to prove the contents of the complaint. However, the power-of- attorney holder must have witnessed the transaction as an agent of the payee/holder in due course or possess due knowledge regarding the said transactions.

33.3. It is required by the complainant to make specific assertion as to the knowledge of the power-

of-attorney holder in the said transaction explicitly in the complaint and the power-of-attorney holder

who has no knowledge regarding the transactions cannot be examined as a witness in the case."

A plain reading of the complaint shows that the required

averments, as indicated above by the Supreme Court in the

aforesaid judgment, are absent.

In view of the aforesaid, there shall be a stay of all further

proceedings in connection with C.S. No. 0035021 of 2015, under

Section 138 of the Negotiable Instruments Act, 1881, pending

before the learned Metropolitan Magistrate, 18th Court, Kolkata,

for a period of six weeks from date.

List the application after four weeks under the heading

"Contested Application".

(Kausik Chanda, J.)