138 n i act
Sandeep Parashar
(Querist) 31 July 2013
This query is : Resolved
Dear Sir
I filled a complaint u/s 138 N I Act
the complainant is a Bank, and filled by its branch manager.
but the bank manager's transfer out of state
and now the stage of cross examination of the complainant in the court.
can I produce present branch manager for cross examination or not ?????
If yes please give me better suggestion and case law ..
thanks
Sandeep Parashar
Advocate
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मैंने एक परिवाद बैंक की और से 1 3 8 एन आई एक्ट के तहत कोर्ट में पेश किया
परिवाद प्रस्तुत कर्ता बैंक मैनेजर का ट्रान्सफर हो गया है
अब न्यायलय में परिवादी से जिरह होनी है
प्रश्न यह है की क्या वर्तमान में जो बैंक मेनेजर है ... क्या उनसे जिरह हो सकती है उक्त परिवाद में या जिसने परिवाद प्रस्तुत किया था उनको ही आना पड़ेगा
यदि वर्तमान बैंक मेनेजर से जिरह हो सकती है तो किस आधार पर एवं कोई रूलिंग हो तो प्लीज जानकारी प्रदान कीजिये
धन्यवाद
सन्दीप पाराशर
अधिवक्ता
prabhakar singh
(Expert) 31 July 2013
Kripaya aap k type maen jitane sunya hai unhen hatane ka kasht karen tabhi padhna mumkin ho sakega mere liye.
Sandeep Parashar
(Querist) 31 July 2013
Dear Sir
I was type in hindi,
please look in another browser or put hindi font in desktop.
thanks for your reply
Guest
(Expert) 31 July 2013
परिवाद बैंक की और से है ना कि बैंक मैनेजर की और से
बैंक मेनेजर का ट्रान्सफर का कोई प्रश्न आड़े नही आता
prabhakar singh
(Expert) 31 July 2013
Either do what i requested or type in english!
Sandeep Parashar
(Querist) 31 July 2013
Dear Sir Dhingra Ji
Thanks for your kind support
but our court is saying that complainant Examination is from those who filled the complaint
please give me case law for the same
Sandeep Parashar
(Querist) 31 July 2013
Dear Prabhakar Sir
I filled a complaint u/s 138 N I Act
the complainant is a Bank, and filled by its branch manager.
but the bank manager's transfer out of state
and now the stage of cross examination of the complainant in the court.
can I produce present branch manager for cross examination or not ?????
If yes please give me better suggestion and case law ..
thanks
sandeep parashar
Advocate
Guest
(Expert) 31 July 2013
Naturally, the bank manager would not have lodged a complaint in his private capacity. He would have lodged a case on behalf of the bank.
So, iIf the court is saying that "complainant Examination is from those who filed the complaint" when the case relates to an organisation, that is wrong in principle. In that case make a request to the court to place its direction in writing on day's proceedings, so that you may also lodge a protest appropriately and that instance should also become a point for an appeal against the judgment of the court, if that gives some wrong judgment in the case.
prabhakar singh
(Expert) 31 July 2013
The present manager can prosecute the case on banks' behalf under POA they all get on joining.
But if affidavit of old manager has been already filed only he has to be crossed examined.
In my opinion for his affidavit(examination in chief), the present manager can not produce himself for being cross examined for statements made by his predecessor in office.
Sandeep Parashar
(Querist) 31 July 2013
Dear Dhingra Sir
Thanks again for your kind support
and In my thought your thought is absolutely correct.
If you can provide any case law on in same kind matter this will help me better.
thanks
prabhakar singh
(Expert) 31 July 2013
If it is A's chief then it is A to be cross examined not B.
Guest
(Expert) 31 July 2013
Dear Sandeep,
As pointed out by Shri Prbhakar ji, the status of POA is also quite important to be checked. So, if the bank has given POA in the specific name of the previous manager, unless the Bank authorities change their representative in the case, you will have to take care of that legal aspect also. So, better check if the authority lies only in the name or the designation of the manager.
About case law, to be very frank, I don't prefer to keep bulk record of case laws, as I believe that except in rare cases of exceptions, cases if fought on real facts added with strong logic on the base of legal provisions, there remains no need to support any case with any case law. In my views, taking help of case laws as a support is equivalent of a person with defective legs standing with the help of crutches.
R.K Nanda 
(Expert) 31 July 2013
nothing to add.
SAANJAAY GUPTAA
(Expert) 31 July 2013
Its a common that the managers transfer/ leave the job and as the matter was filed by Bank and manager is only representative, there would be no harm if representative leave the bank. In this case you have to file a substitution petition for the new manger to represent the bank, file a fresh evidence on affidavit sworn by new manager and not press the earlier evidence on affidavit filed by the earlier manager.
