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Tuesday, September 17, 2013

Power of Attorney holder can also file cheque bounce cases: Apex court

Power of Attorney holder can also file cheque bounce cases: Apex court
“Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal and competent.” The PoA holder, however, cannot file the cheque bounce case under his own name and such cases can be filed by the complainants through the PoA holders.“However, the PoA holder must have witnessed the transaction as an agent of the payee/holder in due course or possess due knowledge regarding the transactions,”
Criminal Appeal No. 73 of 2007 with Criminal Appeal No. of 2013 (Arising out of S.L.P. (Crl.) No.2724
of 2008)-Decided on 13-9-2013.
A.C. NARAYANAN  VERSUS  STATE OF MAHARASHTRA & ANR.

SHRI G. KAMALAKAR  VERSUS M/S. SURANA SECURITIES LTD. & ANR. 

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