S.138 NI Act: Evidence Of Power Of Attorney Holder Not Credible Unless They Possess Due Knowledge Of The Transaction: Kerala High Court

Case: Shibu L.P v. Neelakantan & Anr.

Coram: Justice A. Badharudeen

Case No.: CRL.A NO. 1191 OF 2008

Court Observation: “The law is settled on the point that a complaint alleging commission of offence under Section 138 of the Negotiable Instruments Act can be presented through the power of attorney holder and the power of attorney holder can depose and verify on oath before the court in order to prove the contents of the complaint. However, the power of attorney holder must have witnessed the transaction as an agent of the payee or holder in due course or possess due knowledge regarding the said transaction.”

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Keywords

S.138 NI Act, Evidence Of Power Of Attorney