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Negotiable Instruments Act, 1881:Section 142 of the Negotiable Instruments Act, 1881 came up for consideration before the Karnataka High Court in K.M. Maregowda v. S... Ex-Import Corporation, Bangalore, and a single learned Judge of that Court on duration of partnership business in Pakistan through lawyers in Lahore relying on section 142 have observed that the Complainant should also sign the complaint if the legislature intended. It would have added the words "and signed" or "under the signature still, the same is not being done for the simple reason that in such an event, the juristic person or body corporate could not file a complaint, thereby negating the remedy provided under section 138 of the Act for duration of partnership business in Pakistan through lawyers in Lahore. Further, in this case, the Court also observed paras 21 and 22 as under "21.
Power-of-Attorney:As noted already, this Court has taken a consistent view that a Power-of-Attorney holder could present a complaint. Further, section 2 of the Power-of-Attorney Act empowers the donee of a Power-of-Attorney to do anything "in and with his name and signature" by the authority of the donor of the power. Said section declares that everything is so done shall be as productive as if the administration has done it in the name and with the donor's signature. As such, the Act was committed by the holder of the Power-of-Attorney for duration of partnership business in Pakistan through lawyers in Lahore. So, when Power-of-Attorney holder could represent Complainant and present complaint on behalf of the Complainant, it could be said that examining the Power-of-Attorney holder on oath by
lawyers in Lahore:The Magistrate on partnership business in pakistan through lawyers in Lahore is insufficient compliance with section 200 of the code of Criminal Procedure, 1973. To construe otherwise, will preventing complaints being filed by Corporation, body corporate juristic person, or even a natural person who is on account of inability either physical or otherwise, cannot appear before Court in person as Complainant for any purpose examination on oath by learned Magistrate.
Criminal Procedure Envisages Examination of Complainant on Oath:It cannot ignore this section 200 of the Code of Criminal Procedure envisages examination of Complainant on oath. When the Power-of-Attorney holder of the Complainant for duration of partnership business in Pakistan through lawyers in Lahore who had stepped into the shoes of the Complainant, was examined on oath and not the Complainant, as such, who it could not have examined at any time in any manner, it cannot take such a thing as vitiating the cognizance or complaint, as the case may be."
Authors Bashyain & Adiga's:The same is the view expressed by the learned Authors Bashyain & Adiga's commentary on the N.l. Act, and on page 745, the following comments are offered: "There is nothing unnatural in the proposition that a complaint under section 142 of Negotiable Instruments Act can be filed even by an authorized representative or agent of the person in whose favor the cause of action for making such complaint has arisen."
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