Dishonour of Cheque -- Power of Attorney Holder's Omission of Personal Knowledge is Curable Irregularity When Original Complainant Deposes at Trial
A complaint under Section 138 of the Negotiable Instruments Act filed by a power of attorney holder, without explicitly stating direct personal knowledge of the transactions, is a curable irregularity under Section 465 CrPC and does not vitiate the prosecution. No failure of justice is occasioned where the original complainant subsequently deposes before the Trial Court and the accused is afforded full opportunity of cross-examination. The objection to cognizance, if not raised promptly at the initial stage, cannot be successfully urged at the revision stage after trial is completed.
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