GURCHARAN SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE perusal of the Power of Attorney would reveal that the age of the Power of Attorney holder on the date, on which it is executed is 26 years. The alleged transaction is of year 1996. As such, prima facie, the Power of Attorney holder cannot be said to have personal knowledge of the fact.

(2.) IN view of the judgment of the learned Single Judge of this Court in the Criminal Writ Petition No. 1137 of 2005 with Criminal Application No. 2141 of 2005, the Power of Attorney can only depose about the facts within his personal knowledge. It has, therefore, been held that the verification by such a Power of Attorney holder is not a verification in accordance with law.

(3.) INTERIM relief in terms of prayer clause (b).