appln2175,2176,77,78,79-11.sxw jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2175 OF 2010 WITH CRIMINAL APPLICATION NO. 2176 OF 2010 WITH CRIMINAL APPLICATION NO. 2177 OF 2010 WITH CRIMINAL APPLICATION NO. 2178 OF 2010 WITH CRIMINAL APPLICATION NO. 2179 OF 2010 WITH CRIMINAL APPLICATION NO. 2180 OF 2004 Chaitali A. Barot .. Appellant Versus Sunil Patel & others .. Respondents Ms. Prachi Khandge i/by M.P. Vashi & Associates for the applicants. Mr. V.G. Mehta, for Respondent Nos. 1 to 3 Mrs. P. P. S hinde, APP for the Respondent No.4-State CORAM : J.H. BHATIA, J. DATE : 13th September, 2011. P.C.: 1. Heard learned counsel appearing for the parties. 2. These applications are filed seeking leave to prefer appeal against the acquittal from the offences punishable under section 138 of the Negotiable Instruments Act in a group of criminal complaints filed against the respondents. 3. Out of the several grounds for acquittal, one of the ground for acquittal was that while the payee of the cheques was 1 appln2175,2176,77,78,79-11.sxw Chetali Atul Barot, whereas the complaints were filed by Atul Barot as a constituted attorney of Chetal Autul Barot. The constituted attorney had signed and verified the complaints. The trial Court, relying on the judgment of this Court in the Case of Roy Joseph Creado & others Vs. Tamisuddin & Others, reported in 2008 Cri.L.J. 1509, held that in view of the settled legal position, the complaints under section 138 of the N.I. Act cannot be filed by the constituted power of attorney holder. 4. Section 142 of the Negotiable Instruments Act clearly provides that "no Court shall take cognizance of any offence punishable under Section 138 except upon a complaint, in writing made by the payee or as the case may be, the holder in due course of the cheque." It is settled position of law that the complaint can be filed only by the payee or as the case may be, by the holder in due curse of the cheque and not by the constituted attorney in his own name. The payee may file a complaint under his own name through a constituted attorney but the constituted attorney cannot himself become complainant in such a case. In view of this, I find no fault with the dismissal of the complaints. 5. Therefore, leave to prefer appeal against the acquittal is refused and the applications stand rejected. ( J.H. BHATIA, J. ) 2 appln2175,2176,77,78,79-11.sxw 3