A party to the Court proceedings may be represented by a Power-of Attorney holder duly authorized by the Party/Principal. Therefore, the Power-of-Attorney holder who is authorized to appear on behalf of the party can appear, file application, engage advocates and act on behalf of parties. Does the law permit the Power of Attorney to file case under Section 138 of Negotiable Instruments Act, 1881? In other words, whether power of attorney of a payee or a holder in due course of a dishonoured cheque can institute a complaint under Section 138 of the Act, on behalf of the payee or the holder in due course of the dishonoured cheque is to be inquired by the author in this article through principles of law in existence. In order to answer this question the first question to be answered is whether the right to encash the cheque by payee or holder in due course is personal in character or not, through principles of law in existence. When the Code of Criminal Procedure requir ....