Negotiable Instruments Act, 1881–Secs. 138 & 145–Complaint by power of attorney–Legal position–
(i) Filing of complaint u/s. 138 through power of attorney is perfectly legal and competent.
(2) 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/holder in due course or possess due knowledge regarding the said transaction.
(3) It is required by the complainant to make the specific assertion as to the knowledge of the power of attorney holder in the said transaction explicitly in the complaint and the power of attorney holder who has no knowledge regarding the transaction cannot be examined as a witness of the case.
(4) It is open to the Magistrate to rely upon the verification in the form of the affidavit filed by complaint in support of the complaint and he is neither mandatorily obliged to call upon the complainant to remain present before the Court, nor to examine the complainant of his witnesses upon oath for taking the decision whether or not to issue process on the complaint the functions under the general power of attorney cannot be delegated to another person without specific clause permitted the same in power of attorney.
