LAW FOR ALL

Sec.138 of NIAct -power of attorney can present the case - cheque issued for security/ repayment of debt is to be decided first when plea was taken- complaint though signed by original complainant , it was presented through power of attorney holder her husband - trial completed - at the time of arguments objection was taken for non examining the complaint before taking cognizance - trial court rejected the plea - appeal also confirmed the same - High court reversed the finding and acquit the accused - Apex court held that the main objection is not maintainable and another objection though taken in the case , not considered by High court regarding whether the cheque was given as security for debt or for repayment of the debt and as such remanded the case to High court = CRIMINAL APPEAL Nos.2065-2066 OF 2014 [Arising out of Special Leave Petition (Crl.) Nos.4682-4683 of 2012] Vinita S. Rao … Appellant Vs. M/s. Essen Corporate Services Pvt. Ltd. & Anr. … Respondents = 2014 - Sept. Month - http://judis.nic.in/supremecourt/filename=41933