Question
In which of the following cases, the Supreme Court has
held that filing of Complaint for Dishonor of Cheque through power of attorney is permissible?Solution
In A C Narayan vs State of Maharashtra, the court held that that the powerofattorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the NI Act. An exception to the above is when the powerofattorney holder of the complainant does not have a personal knowledge about the transactions then he cannot be examined. However, where the attorney holder of the complainant is in charge of the business of the complainant payee and the attorney holder alone is personally aware of the transactions, there is no reason why the attorney holder cannot depose as a witness. Nevertheless, an explicit assertion as to the knowledge of the powerofattorney holder about the transaction in question must be specified in the complaint.
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