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

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)

92 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.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

95 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

Popular Criminal Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience
207 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.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Criminal Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles