...offence under Section 138 of the Act is no longer res intergra. In Shankar Finance and Investments v. State of A.P...-attorney holder of the payee and not the payee himself.2. The question whether the signing of complaint by the payee himself is a sine qua non for taking cognizance of...(2008) 8 SCC 536 this Court interpreted Section 142 of the Act and held that a complaint under Section 138 can be filed by the payee through his power-of-attorney...

...attorney holder if he has personal knowledge of all the facts leading to the complaint. On perusal of the said judgment, it appears that in that case the complaint was filed by payee M/s Shanker Finance and Investments ...Supreme Court observed thus :“7. The payee of the cheque is M/s Shankar Finance Investments. The complaint is filed by M/s Shankar Finance and Investments, a proprietary con...of someone else). The payee, as noticed above, is M/s Shankar Finance and Investments. Once the complaint is in the name of the ‘payee’ and is in writing, the requirements of section 142 are fulfilled...

....”8. The payee of the cheque is M/s Shankar Finance & Investments. The complaint is filed by “M/s Shankar Finance & Investments, a proprietary ..., where the payee has endorsed the cheque in favour of someone else). The payee, as noticed above, is M/s Shankar Finance & Investments. Once the complaint is in the name of the “payee” and is in...dispute that in this case a power of attorney has been granted by Atmakuri Sankara Rao, as proprietor of M/s Shankar Finance & Investments in favour of Thamada Satyanarayana and the same was produced...

...attorney holder. He relied on the judgment of the Supreme Court in the case of Shankar Finance And Investments Versus State Of Andhra Pradesh And Others, reported in 2008 (3...Rule returnable forthwith. Heard finally by consent of learned Counsel for applicant and learned A.P.P. for non-applicant No.1. 2.The only point that is involved...according to learned Counsel for the applicant is that the institution of complainant in the complaint is wrong and the complainant ought to have been Manisha Sagar rather than her husband who is a power of...

...Shankar Finance and Investments v. State of A.P (2008) 8 SCC 536 dealt with the issue....7. We have heard Shri Shekhar Naphade, learned Senior Counsel for the appellant, Shri Viraj Kadam, learned counsel for Respondent 1 and Shri Shankar Chillarge, Additional...”, proprietary concern itself or in the name of the proprietor of the said concern.23. This Court in Shankar Finance case...

..., Janki Vashdeo Bhojwani v. Indusind Bank Ltd. (2005) 2 SCC 217, Shankar Finance and ...Dr B.S Chauhan, J.—Civil Appeals Nos. 2885-87 of 20051. These appeals have been preferred against the judgment and order...respondents against the common judgment and decree dated 22-3-1991, in OS No. 30 of 1984 and OS No. 135 of 1984, passed by the Court of the Additional Chief Judge, City Civil Court, Hyderabad, have been partly...

...Shankar Finance and Investments v. State of Andhra Pradesh and others, 2008 (3) RCR (Criminal) 885 : 2008 (4) RAJ 630...filed by describing the complainant in any one of the following four methods : "Atmakuri Shankara Rao, sole. proprietor of M/s. Shankar Finance and Investment" or "M/s. Shanker Finance and ...sole proprietary Concern represented by its proprietor Atmakuri Shankarao Rao" Or Atmakuri Shankara Rao, sole proprietor of M/s. Shankar Finance and Investments, represented by his Attorney Holder...

...: AIR 2008 SC 1296, Shankar Finance and Investments v. State of Andhra Pradesh...petitioner and perused the material made available on record. 3. Learned counsel for the petitioner submits that the complainant, who filed this petition under Section 138 of...submitted an application under Section 256 Cr.P.C. which has been dismissed in cursory manner. The facts of the complaint as well as the cheque in question and other documents cannot be proved by the legal...

....7. In the judgment in Shankar Finance and Investments v. State of Andhra Pradesh, reported in (2008) 8 SCC 536..., the Apex Court dealt with a case wherein payee of the dishonoured cheque was M/s. Shankar Finance and Investments and the complaint was filed by “M/s. Shankar Finance and ...upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque. Therefore, it was held that in a case like the one in Shankar Finance and Investments' case...

...justice. In Shankar Finance and Investments vs. State of Andhra Pradesh and Ors. Criminal Appeal No. 1449 of 2003...Complainant's father verified the same with the Complainant, who denied having transacted on the card at all. Thereafter, Complainant's father contacted the Opposite Party and requested for a statement. The...itself, in spite of which no action was taken by the Opposite Party. Complainant further stated that the signatures on the charge slips and her signatures did not match. The Complainant, thereafter...

...." 7. The payee of the cheque is M/s Shankar Finance & Investments. The complaint is filed by "M/s Shankar Finance & ..., where the payee has endorsed the cheque in favour of someone else). The payee, as noticed above, is M/s Shankar Finance & Investments. Once the complaint is in the name of the `payee' and is in... "Atmakuri Sankara Rao carrying on business under the name and style of M/s Shankar Finance & Investments, a sole proprietary concern" . But we are not dealing w...

...., AIR 2005 SC 439 and Shankar Finance and Investments vs. State of Andhra Pradesh & Ors., ...perfectly justified. 6. The Apex Court in Shankar Finance and Investments vs. State of Andhra Pradesh held as under : 9. The next question is where a proprietary concern carries on business through an.... It is not in dispute that in this case a power of attorney has been granted by Atmakuri Shankara Rao, as Proprietor of M/s. Shankar Finance & Investments in favour of Thamada Satyanarayana and the...

...536 [Shankar Finance and Investments v. State of Andhra Pradesh], the proposition is laid to the effect that insofar as the company is concerned, it can be represented by a.... Shankar Finance & Investments. Once the complaint is in the name of the payee and is in writing, the requirements of Section 142 are fulfilled. Who should represent the payee, where the payee is a...Atmakuri Sankara Rao carrying on business under the name and style ofM/s. Shankar Finance and Investments, a sole proprietary concern. But we are not dealing with a civil suit. We are dealing with a...

....2. Mr. G.N Sahewalla, senior counsel for the petitioner, relies upon the decision of the Supreme Court in Shankar Finance and Investments v. State of Andhra Pradesh...by describing the complainant in any one of the following four methods: “Armakuri Shankara Rao, sole proprietor of Shankar Finance & Investments”.“Shankar Finance & Investments a so...proprietary concern represented by its proprietor Armakuri Shankara Rao.” Or“Armakuri Shankara Rao, sole proprietor of Shankar Finance & Investments, represented by his Attorney Holder...

..., which is reported in (2008) Vol.8, Supreme Court Cases, 536 (Shankar Finance and Investments ...vs... State of Andhra Pradesh and Others). 9. Considering the facts and circumst...sum of Rs.3 lakhs to the complainant's finance company. On the demand of the respondent, the petitioner and her husband gave blank cheques and signed papers. 8. The Court has gone..., Pollachi and quash the same.) 2. The respondent's case is that he has filed C.C.No.273 of 2002 against the petitioner/accused person on an alleged offence under...

... 21. This Court in Shankar Finance and Investments v. State of Andhra Pradesh & Ors...2023 1.Learned advocate Mr.Prerak Bhatt submits that the judgment and order of acquittal was passed by the learned trial Court by holding that the complainant fails...this Court with regard to the certificate issued by the Bank of Baroda dated 04.10.2017 produced below Exhibit 6 and submitted that though this document was placed on record to show that the...

...of Hon'ble Apex Court viz. Janki Vashdeo Bhojwani v. Indusind Bank Ltd. reported in (2005) 2 SCC 217 and Shankar Finance and ...Cr.P.C In the case of Shankar Finance (supra), the Hon'ble Apex Court has set aside the impugned order of cognizance in the similar matter and directed the Magistrate to proceed with the complaint after...payment was not made so Vinod Kumar filed the impugned complaint on dated 09.05.2007 by engaging a counsel and signing Vakalatnama on the same day. Prior to filing of the complaint, Vinod Kumar...

.... 3. Learned advocate Mr.Vyas submits that as per the decision rendered by the Apex Court in Shankar Finance and Investments versus State of Andhra Pradesh reporte... Lalchand Patni and the complainant has produced the authority letter below Exh.68 given by Ms.Rinaben Patni, proprietor of Rajeshwari Finance. Learned advocate Mr.V...respondent-accused mainly on the ground that complainant fails to establish that he is the payee and cheque is drawn in the name of the complainant. 2. Learned advocate...

...2002(1) SCC 234 instead of Shankar Finance and Investments Vs. State of Andhra Pra... THE HONOURABLE MRS. JUSTICE R. HEMALATHA Crl.A.No.680 of 2015 and Crl.M.P.No.8400 of 2018 A.Senthil ... Appellant Vs. 1.K.B.Viswanathan, Regional Sale...Station, Chennai. ... Respondents Prayer : Criminal Appeal filed under Section 378 (4) Criminal Procedure Code, against the Judgment and orders, dated 24.02.2015 made in C.A.No.46 of...

...is fortified by the following observations of Hon'ble Apex Court in "Shankar Finance and Investments v. State of Andhra Pradesh and Others" reported in...payee is M/s. Shankar Finance & Investments. Therefore, in a criminal complaint relating to an offence under Section 138 of the Act, it is permissible to lodge the complaint in the name of the..., Pulwama. Respondent-Ramesh Kumar Vasandani claiming to be a fruit merchant/commission agent carrying business at New Subzi Mandi Azadpur, Delhi under name and Style of "M/s. Ramesh Kumar Thanwardass...