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Can son attend court hearing regarding 138 case on behalf of father?


29-Mar-2023 (In Criminal Law)
Sir / madam,. My father has filed criminal case -cheque bounce case along with 420 case but due to his old age he is unable to regularly attend court. So (as his son )can I attend all court proceedings under my father's GPA ?
Answers (3)

Answer #1
526 votes
Yes definitely.. On following basis:-

“(i) Filing of complaint petition under Section 138 of N.I Act through power of attorney is perfectly legal and competent.

(ii) The Power of Attorney holder can depose and verify on oath before the Court in order to prove the contents of the complaint. However, the power of attorney holder must have witnessed the transaction as an agent of the Payee/holder in due course or possess due knowledge regarding the said transactions.

(iii) It is required by the complainant to make specific assertion as to the knowledge of the power of attorney holder in the said transaction explicitly in the complaint and the power of attorney holder who has no knowledge regarding the transactions cannot be examined as a witness in the case.

Answer #2
918 votes
Any authorized person can represent cheque bounce case on behalf of the complainant by authorisation letter or general power of attorney as per law and principle laidowm by the Supreme Court of India in many cases
Answer #3
958 votes
S u can attend but ur father has to execute gpa in favour of you and tht gpa should be notorized and U have to show ur fathers age proof and any medical ailments certificates to the court. But the reason should be on bonafide in nature and also u should be well aware of the facts and circumstances of the case and u should be able to answer all legal questions asked by other side counsel.

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