puneet (Director) 19 October 2015

Ni act 138

i have been convicted in a chq bounce case of rs 10 lac..any bode can help me out ....the case was filed by the son of chq payee through Special power of attorney but after filing the case the the payee died...what is the authenticity of THAT SPA..

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5 Replies

G.L.N. Prasad (Retired employee.) 20 October 2015

There is no way you can escape your liability under Sec.138. You may at the most delay the process. I do not know how a Special power of attorney was fighting out the case and I presume that all other legal heirs of the payee has given such POA to one of the legal heirs which is valid.

SAINATH DEVALLA (LEGAL CONSULTANT) 20 October 2015

U have been convicted in a cheque bounce case and the case was filed by POA.The trial must have taken at least 2yrs and what were U and UR lawyer doing regarding POA.Today U are saying whether it is valid.Yes valid SPOA,given by others to one person is valid for all purposes.Irf it was not valid the court would not have admitted the case at all.Have U gone for an appeal?

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 20 October 2015

Yes this was valid defence and should have taken at trial stage. Still now can file revision against conviction pointing similar other mistakes. Court may ask to deposit part amount and if you can pin point major faults in judgment than even without deposit the conviction will be suspended till final decision of the revision.