LEGAL LEARNING – SHRI GANPATI JURISTS
📚 Legal Learning – Negotiable Instruments Act, 1881
🔹 Power of Attorney Holder in Cheque Bounce Cases
Under Section 138 of the N.I. Act, a Power of Attorney holder can file and depose on behalf of the complainant.
✅ Permissible only if the holder has personal knowledge of the transaction.
❌ If the complaint does not specifically state that the attorney holder has such knowledge, then their testimony cannot establish the offence.
⚖️ Key Takeaway:
A Power of Attorney holder is not automatically competent to prove a cheque dishonour case. Personal knowledge of the transaction must be clearly pleaded and proved.
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