Power of attorney evidence cannot prove Section 138 liability when material facts lie within the complainant's personal knowledge.

In a prosecution under Section 138 of the Negotiable Instruments Act, the complainant must prove the lending transaction, cheque issuance, dishonour, and service of notice through evidence on facts within personal knowledge. A power of attorney holder can depose only to matters within his own knowledge and cannot substitute for the complainant on exclusively personal facts. As the complainant did not enter the witness box and the attorney had no personal knowledge of the material transactions, the foundational ingredients of liability were not proved by competent evidence. The conviction was therefore rightly discarded, and the acquittal was upheld.

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Issues: Whether, in a prosecution under Section 138 of the Negotiable Instruments Act, 1881, the complainant's failure to enter the witness box and reliance on a power of attorney holder was sufficient to prove the lending of money, issuance of cheque in discharge of liability, dishonour of cheque, and service of notice.

Analysis: The complainant did not depose in support of the complaint. The attorney was appointed after the complaint was filed and was not shown to have personal knowledge of the transaction of loan, issuance of cheque, dishonour, or service of notice. A power of attorney holder can depose only to facts within his own knowledge and cannot replace the complainant for proving facts which are exclusively within the complainant's knowledge. Since the foundational facts necessary to establish liability under Section 138 were not proved through competent evidence, the appellate court was justified in discarding the conviction.

Conclusion: The petition was dismissed and the acquittal was upheld.

Ratio Decidendi: In a prosecution under Section 138 of the Negotiable Instruments Act, 1881, the complainant must adduce evidence on the material facts within his personal knowledge, and a power of attorney holder cannot prove those facts unless they are within his own knowledge.

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