138 ni- power agent representing deceased complainant-query


Dear Friends, and respected Seniors. I searched the forum already and i Could not find a right answer, Hence i post this question. Your opinion matters a lot. Thanks Wife., after the demise of her husband approaches the Accused for recovering the debt , that he owed to husband, Accused issues a cheque and it is dishonored. subsequently, wife files a NI case, conferring power to her father to prosecute. The present stage of case is TRIAL. Please clarify, is this case good to hold waters? The doubt is , the essential ingredient of 138, - Legally enforceable debt ( in my opinion , have been proved well by the complainant by stating the above facts in complaint as well as Proof Affidavit ). anything else to prove in this regard, to put weightage on the power holder who wears the hat of the deceased complainant ( his Son in law Can i be referred with any appropriate rulings in this regard. appreciate your response pls. thanks
 
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advocate.dma@gmail.com

Wife's evidence must also be there, as she approached him and was conversant with the matter. Father in law can prosecute but remember the evidence has to be of someone who is conversant with the matter / debt. You have not specified about the kind of debt.
 
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