S.S. AGARWAL Vs. SHALINI GUPTA

JUDGEMENT

(1.) Accused-respondent had issued cheque in favour of S.S. Agarwal, however, the complaint was filed by Kanti Prashad Agarwal elder brother being attorney. Power of attorney dated 25.03.2010 was annexed with the complaint. During the course of the final arguments before the trial court, a question arose whether power of attorney, can depose on behalf of the complainant and give evidence of facts which are in personal knowledge of the complainant.

(2.) The trial Judge relying upon the case law, upheld the contention that a complaint can be filed by a power of attorney, however, the attorney cannot appear in court and give evidence on behalf of the complainant qua the facts which are in personal knowledge of the complainant. It was held that since attorney has no knowledge of the facts, his deposition cannot be taken into consideration.

(3.) The trial Judge noted that the attorney specifically deposed in the court that the accused-respondent had taken no amount from him as a loan.