Who can be complainant in section 138 prosecution
1 Section 138 Complaint can only be filed by Payee or by Holder in due course.
2 In Cases of Complaints by Companies, an authorized employee can represent the company and there is no requirement to file power of Attorney.
3 In Cases of Complaint by Companies, an authorized employee can represent the company. The applicability of A.C. Narayanan Ruling is distinguished.
4 A company can be represented by any Employee, who is duly authorized to represent the company either by resolution or by a power of attorney.
5 The wife of deceased payee is a “holder in due course” of subject cheque, and is entitled to file complaint u/s 138 of the N.I. Act, 1881.