1. This application has been filed by the applicant Shri Mehinder Sharma through power of attorney holder Shri Hemal Kamlesh Shah under Section-482 of the Criminal Procedure Code for quashing and setting aside the Criminal Case No.1582 of 2010 under Section-138 of the Negotiable Instruments Act, 1881. However, the main thrust of the argument is that he is not concerned with the company. However, at the same time, the power-of-attorney which is on record given to Shri Hemal Kamlesh Shah does not clearly state about the company or the firm in respect of which he is authorized by the applicant Shri Mehinder Sharma and in which capacity he is authorizing the power of attorney to take steps or file the proceedings and in connection with which company or firm.
3. Therefore, on one hand he has claimed that he is not associated with any company and on the other hand the power of attorney is given without mentioning any name of the company or the firm that he is authorizing the power of attorney to represent with which company or firm he is associated. Therefore, this petition cannot be entertained with this vague power of attorney.
3. However, at the request made by learned advocate Mr.Prajapati for the applicant, the matter is adjourned and when the fresh petition with the affidavit of petitioner Mr.Mehinder Sharma is filed, the same may be circulated.
(RAJESH H. SHUKLA, J.) (ila) Top