VidhiSangh

Supreme Court of India · 31/01/2024

BHARAT SHER SINGH KALSIA versus STATE OF BIHAR & ANR.

[2024] 1 S.C.R. 1165 · 2024 INSC 77

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Summary

The power of attorney authorized its holder to execute and register a sale deed and receive consideration; the clause allowing principals to present their own signed deeds was additional, not restrictive. The purchaser had paid consideration and had no role in any alleged misuse between the principals and their agent. The criminal case against him was quashed.

Issues

  1. Whether the power of attorney authorized the holder to execute and register the sale deed without the principals’ signatures.
  2. Whether the purchaser could be prosecuted for forgery-related offences, and whether Buxar was the proper venue for the sale transaction.

Provisions considered

Held

Result

The appeal was allowed. The FIR, cognizance order and consequential proceedings were quashed insofar as they concerned the appellant.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 1165.