- (1.) This is an application under Section 482 Cr. P.C. to quash the proceedings of complaint case no. 2196 of 2008 under Section 138 Negotiable Instruments Act, 1881, P.S. Shikohabad, district Firozabad.
(2.) Submission of the learned counsel for the applicants is that the aforesaid complaint was filed by the holder of the power attorney. No any averment was made by the power of attorney holder in the statement under Section 200 Cr.P.C. about the knowledge of the liabilities against which said cheque had been issued by the applicants. It was further submitted that if the power of attorney holder who had no knowledge about the transaction and had not witnessed the same as an agent of the payee/holder in due course, the statement made by such person cannot be taken into consideration to initiate proceedings for the offence under Section 138 Negotiable Instruments Act.
(3.) At this stage learned counsel for the applicants placed reliance on the law laid down by the Apex Court in the case of A. C. Narayanan Vs. State of Maharaashtra and another, 2014 AIR(SC) 630.;