Dishonour of Cheque -- Complaint Through Power of Attorney Maintainable Where PoA Holder's Knowledge of Transaction Expressly Averred in Complaint and Affidavit
Complaint under Section 138 of the Negotiable Instruments Act filed through a Power of Attorney holder is maintainable when the complaint and affidavit under Section 145 explicitly state that the PoA holder possesses personal knowledge of the transaction. Material irregularity arises where such express averments are ignored during appellate scrutiny. Where legal notice is returned with endorsement "refused to accept," service is presumed under Section 27 of the General Clauses Act unless rebutted.
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