Who Can File Complaint for Cheque Dishonour under S.138 of Negotiable Instruments Act, 1881

Who Can File Complaint for Cheque Dishonour under S.138 of Negotiable Instruments Act, 1881

Dealing with a case of S.138 of Negotiable Instruments Act, 1881 it is held in A.R. Chellappan v. A.R.E. Thirugnanam [2017] GCtR 6605 (Madras) that as per Section 142 of the Negotiable Instruments Act, 1881 a Complaint should be filed by the 'Payee' or the 'Holder in Due Course' and a cursory reading of Section 142 of the Negotiable Instruments Act does not lay down that the complaint must be filed by the 'Payee' personally. Even the filing of the complaint by the Power of Attorney Holder of the Payee cannot be said to be an illegal or invalid one.