Powers of attorney holder
munshilal
(Querist) 21 November 2018
This query is : Resolved
Can a power of attorney holder personally file a Criminal complaint ,in court, or he has to appoint a Lawyer.?
KISHAN DUTT KALASKAR
(Expert) 21 November 2018
Dear Sir,
Power of Attorney holder can file a complaint personally without appointing a lawyer.
Please mark “LIKE” if satisfied by my answer.
Advocate Bhartesh goyal
(Expert) 21 November 2018
Yes,poa holder can file a complaint personally before the court and also contest the same without appointing a lawyer.
Kumar Doab
(Expert) 21 November 2018
The exhaustive judgment on matter placed before Apex Court, settled the speculations;
Supreme Court of India
A.C. Narayanan vs State Of Maharashtra & Anr on 13 September, 2013
Author: . ………….………………………
Bench: P Sathasivam, Ranjana Prakash Desai, Ranjan Gogoi
26) While holding that there is no serious conflict between the decisions in MMTC (supra) and Janki Vashdeo Bhojwani (supra), we clarify the position and answer the questions in the following manner:
(i) Filing of complaint petition under Section 138 of N.I Act through power of attorney is perfectly legal and competent.
https://indiankanoon.org/doc/47858029/
munshilal
(Querist) 22 November 2018
thank you Experts , ,i am bit confused after reading this article, kindly explain it would be highly appreciated---
Subhash Chandra had on November 17, 2016 moved the court through a power of attorney to Gulshan Kumar Sachdeva, seeking prosecution of Mr Kejriwal for allegedly defaming him by levelling false allegations in the wake of demonetisation A Delhi court on Saturday discharged chief minister Arvind Kejriwal in a defamation complaint filed by Rajya Sabha Member of Parliament or MP Subhash Chandra, saying Mr Chandra had not followed proper procedure while filing his plea.Additional Chief Metropolitan Magistrate Samar Vishal granted the relief to the Aam Aadmi Party chief, noting that Mr Chandra had filed the complaint through a power of attorney which is "barred" under law. The court said that Mr Chandra was at liberty to file a fresh complaint in accordance with law."Hence proceeding further with this case will be a futile exercise as this case is also filed through power of attorney. Accordingly the accused Arvind Kejriwal is discharged from this case," the court said.
Guest
(Expert) 02 December 2018
It depends on the discretion of the Court. The Bench Of CJ Mr. Sadasivam of Supreme Court had clearly stated in the case of Sec 138 on sep 15th 2013 the Power of Attorney Must have witnessed the transaction as an agent of the payee/holder in due course or possess due knowledge of the transactions
Guest
(Expert) 02 December 2018
Any Judgement would be related only to the particular case and it can not be treated as an permanent order. It could be only treated as Citation in other similar cases.
