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

Post published: July 23, 2022
Post category:Daily Judgments / Kerala High Court
Reading time:2 mins read

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.”

Shibu-L.P-v.-Neelakantan-Anr.-23-July-4 Download

Previous Posts

Supreme Court Explains Meaning Of Forests; Holds Non-Forest Activities Cannot Be Permitted Without Prior Approval From Central Govt

Appointment Of Law Officers At Advocate General’s Office Not Public Employment, No Reservation For Such Professional Engagements: MP High Court

Kerala High Court Grants Bail To Journalist ‘Crime’ Nandakumar Accused Of Verbally Abusing Woman Colleague

Mere Extension Of Bank Guarantee Does Not By Itself Extend Claim Period: Delhi High Court

Bombay High Court Quashes ED Order Imposing 25Cr Penalty On Sterlite Industries & Its Directors Over Alleged Violation Of Forex Rules

S.84 IPC: Accused Must Prove “Legal Insanity”, Not Medical Insanity: Madhya Pradesh High Court

Section 34 Arbitration Act Gives No Power To Modify Arbitral Award; Appellate Court Can Only Set Aside Or Remand: Supreme Court Download Judgement

Keywords

S.138 NI Act, Evidence Of Power Of Attorney