https://www.taxtmi.com/caselaws?id=298710 A complaint under Section 138 of the Negotiable Instruments Act may be prosecuted through a power of attorney holder, but proof of the underlying legally enforceable debt still requires evidence from a witness with personal knowledge. Where the complainant and the financiers allegedly involved in arranging funds were not examined, the foundational transaction remained unproved and the Section 139 presumption did not by itself establish liability. Because the trial record was insufficient for a safe final determination, the acquittal was set aside and the matter was remanded for fresh disposal with liberty to adduce additional evidence. en-us Mon, 19 Dec 2016 00:00:00 +0530 Tue, 16 Nov 2021 11:00:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298710 A complaint under Section 138 of the Negotiable Instruments Act may be prosecuted through a power of attorney holder, but proof of the underlying legally enforceable debt still requires evidence from a witness with personal knowledge. Where the complainant and the financiers allegedly involved in arranging funds were not examined, the foundational transaction remained unproved and the Section 139 presumption did not by itself establish liability. Because the trial record was insufficient for a safe final determination, the acquittal was set aside and the matter was remanded for fresh disposal with liberty to adduce additional evidence. Case-Laws Indian Laws Mon, 19 Dec 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298710