M/S. Shankar Finance & Investments vs State Of A.P. & Ors

The Supreme Court held that a complaint under Section 138 of the Negotiable Instruments Act, 1881, can be filed by a Power of Attorney holder, as Section 142 allows a complaint by the payee or holder in due course. The Court reversed the Andhra Pradesh High Court's decision which quashed the complaint on the grounds of improper signing, establishing that the authority to file a complaint is not limited to the payee alone. The Court emphasized that the legal principle allows any person to initiate criminal proceedings by filing a complaint, thereby upholding the maintainability of the complaint signed by an Attorney holder.