Criminal complaint filed by power of attorney holder

ADVOCATE

Hi All,

A complaint u/s 138 of The Negotiable Instrument Act, is filed by husband 'A power of Attorney Holder' on behalf of wife. In the Power of Attorney the wife did not mentioned the reason why is she giving POA to her husband (due to ill health or heavy work load etc), however the husband knows the transaction from the begining.

Now my question is....

Is it necessary to mention a reason why POA is given to Husband? I am planning to defence the case on that basis.... 

Kindly guide me if it is differ from the law....

Thanks in Advance..

 

  

 
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No,it is  not essential to mention reason.

Requirements for a Power of Attorney

The Power of Attorney Law provides that any "natural person having the capacity to contract may execute a power of attorney."

  • The power of attorney must contain the date of execution
  • The power of attorney must be signed by the principal or by another adult in the principal’s presence and under the direction of the principal
  • The power of attorney is signed and acknowledged before a notary public or is signed by two witnesses

Total likes : 1 times

 
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FIN

You can benefit from the advise of Mr. Bhartesh Goyal.

 
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Advocate

As such reason for appointing POA is required to be mentioned.
 
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Advocate

Pl. correct :- As such no reason for appointing POA is required to be mentioned.
 
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advocate.dma@gmail.com

Filing complaint and giving evidence are two different things. A POA holder husband cannot give evidence on behalf of wife. Knowing transaction makes him a witness for himself not for wife. If you give more details regarding transaction etc then may be this aspect can be further looked into.
 
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Advocate

The PoA can give evidence, but not on matters personally known to the principal.

 
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ADVOCATE

Thank you.
 
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C E O

what would be the consequences, if the power of attorney does not have explict knowldge of the transactions

 
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