https://www.taxtmi.com/caselaws?id=763995 A complaint under Section 138 of the Negotiable Instruments Act may be filed through a power of attorney holder if the holder has due knowledge of the transaction. At the stage of issuing process, the Magistrate may rely on the complaint, supporting documents and affidavit, and need not first examine the complainant. Where the supporting affidavit states that the holder is conversant with the facts and explains the cheque transaction, the absence of a similar averment in the complaint itself does not render the complaint incompetent. The challenge to maintainability on the ground of the power of attorney holder's competence was rejected. en-us Tue, 17 Dec 2024 00:00:00 +0530 Wed, 01 Jan 2025 19:54:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=763995 A complaint under Section 138 of the Negotiable Instruments Act may be filed through a power of attorney holder if the holder has due knowledge of the transaction. At the stage of issuing process, the Magistrate may rely on the complaint, supporting documents and affidavit, and need not first examine the complainant. Where the supporting affidavit states that the holder is conversant with the facts and explains the cheque transaction, the absence of a similar averment in the complaint itself does not render the complaint incompetent. The challenge to maintainability on the ground of the power of attorney holder's competence was rejected. Case-Laws Indian Laws Tue, 17 Dec 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=763995