New Enroll here to Join NaBFID Analyst Into Class on May 6

    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?
    A P.J. Agro Tech. vs. Water Base Ltd. Correct Answer Incorrect Answer
    B A.C. Narayanan vs. State of Maharashtra Correct Answer Incorrect Answer
    C Mahinder Singh Narula vs. Pawan Kumar Correct Answer Incorrect Answer
    D Dasrath Ruba Singh Rathod vs. State of Maharshtra Correct Answer Incorrect Answer

    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.

    Practice Next