C528/846/2024
2025 Latest Caselaw 1532 UK

Citation : 2025 Latest Caselaw 1532 UK
Judgement Date : 6 January, 2025

Uttarakhand High Court

C528/846/2024 on 6 January, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                          C528 No.846 of 2024
                                          Hon'ble Pankaj Purohit, J.

Mr. Aditya Singh, Advocate for the applicants.

2. Mr. Sahil Mullick, Advocate for the respondent.

3. The sole argument which is thrown from the side of the applicant is that power of attorney holder can only file a complaint and record his statement before the trial court only when a clear averment is made in the complaint that he is convergent with the transaction between the parties which resulted into issuance of the cheque(s) in dispute.

4. In order to buttress his submission, he placed his reliance upon judgment and order of Hon'ble Apex Court reported in the case of A.C. Narayanan Vs. State of Maharashtra and another reported in (2014) 11 SCC 790.

5. As against this learned counsel for the complainant submitted that the complainant though Power of Attorney holder was convergent and acquainted with the facts of the case, therefore, the requirement as enunciated by the Hon'ble Apex Court in the case of A.C. Narayanan (supra) has been satisfied.

6. Having considered the rival submission of the parties, this Court is of the view that the matter requires deliberation and for that purpose a counter affidavit is required.

7. Learned counsel for the respondents may file counter affidavit within four weeks.

8. List these cases on 03.04.2025.

9. In the meantime, order dated 09.10.2024 passed by learned trial court in Complaint Case No.3515 of 2021, Sunil Kumar Gupta Vs. Ishan Prakash, pending before the court of learned IVth Additional Chief Judicial Magistrate, Dehradun, shall remain stayed.

(Pankaj Purohit, J.) 06.01.2025 SK