Bathinda Advocates Bathinda Lawyers Shri Ganpati Jurists shri ganpati jurists (advocate vineet mittal) / best advocate / lawyer in bathinda/ top law firm

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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