The Supreme Court recently reiterated that a power of attorney holder can continue prosecution in a cheque bounce case. Setting aside the Bombay High Court order in the case, S K Tamisuddin vs Joy Joseph, the Supreme Court emphasised that legal heir of a person aggrieved is entitled to continue a criminal complaint. In this case, the woman who initiated the prosecution under the Negotiable Instruments Act died while the trail was in progress. Her son as the legal heir and power of attorney holder wanted to continue the prosecution.
The High Court disallowed in and quashed the prosecution. Overrulling it, the Supreme Court directed the trial court to continue with the case from the stage where the High Court had interdicted it.