The power of attorney holder is competent to file a complaint under Section 138 of the NI Act, even if knowledge is not stated in the complaint but is affirmed in the affidavit, says the High Court of Kerala (KCK) in G. Komalan, S/o. Late Gangadharan v Thomas Alexander, S/o. Eapen Thomas, (Represented by His Power Of Attorney Holder Sanil Thomas, S/o. Thomas) [2024 KER 95315].
The HCK examined whether the power of attorney holder can file a complaint without stating knowledge of the transaction in the complaint. The court ruled that an affidavit stating knowledge is sufficient for a power of attorney holder to lodge a complaint under Section 138 of the NI Act.
