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Ishwar Singh vs Poonam Gupta & Anr. on 16 November, 2021 cites

A.C. Narayanan vs State Of Maharashtra & Anr on 13 September, 2013

appellant that the Special Power of Attorney in his favour is silent with respect to the fact of he having personal knowledge about the facts of the case and hence, he is an incompetent witness. The trial court record reflects that the complainant filed the application for permission to appear through her attorney Surender Kumar Gupta as she was suffering from various diseases. The said application was moved after the summoning of the accused when the matter was put on trial. The application was taken up on 15.05.2017 though the accused was absent on that day. The same was allowed. But the said order never challenged or questioned . Even thereafter, no objection was taken on behalf of the accused when he entered into the witness box as CW-1. The issue as to whether the power of attorney holder is a competent witness to depose on behalf of the principal or a complainant in a case under section 138 NI Act stands settled by the Hon'ble Supreme Court in a constitutional bench judgment in case titled as A.C. Narayanan Vs State of Maharashtra & Anr (supra). The relevant para is reproduced as under : -
Supreme Court of India Cites 22 - Cited by 567 - P Sathasivam - Full Document
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