https://www.taxtmi.com/caselaws?id=298965 A complaint under Section 138 of the Negotiable Instruments Act may be filed by the payee or holder in due course, and where the payee is a proprietary concern, the proprietor can sue in his own name only if the proprietary nexus is proved. A bare assertion in the complaint or affidavit is insufficient when that status is disputed; cogent documentary or other reliable material is required. Here, although the cheque and return memo stood in the name of the proprietary concern, no proof of proprietorship was produced and the complainant admitted in cross-examination that he had no such proof. The evidence was therefore insufficient to establish competency to maintain the complaint. en-us Sat, 03 Mar 2012 00:00:00 +0530 Mon, 29 Nov 2021 17:18:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298965 A complaint under Section 138 of the Negotiable Instruments Act may be filed by the payee or holder in due course, and where the payee is a proprietary concern, the proprietor can sue in his own name only if the proprietary nexus is proved. A bare assertion in the complaint or affidavit is insufficient when that status is disputed; cogent documentary or other reliable material is required. Here, although the cheque and return memo stood in the name of the proprietary concern, no proof of proprietorship was produced and the complainant admitted in cross-examination that he had no such proof. The evidence was therefore insufficient to establish competency to maintain the complaint. Case-Laws Indian Laws Sat, 03 Mar 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298965