138 and revocation of powe of atorney
rajvinder singh
(Querist) 20 March 2010
This query is : Resolved
sir my query is that i filed the complain of 138 ni act using poa of some person.the service has been effected. the accused has been admitted on bail.now the case is listed for complainant evidence.i want that the person who is the attorney should not be examined again.the real complainant be examined and xxxxexamined by the accused.
what should i do for this purpose.
whether i should move an application to file fresh affidavit on the behalf of complainant or record his statement in the court.
how can i remove the attorney and can bring the real complainant on judicial file
Devajyoti Barman
(Expert) 20 March 2010
The Supreme Court has made it clear that the constituted attorney can not testify in matters where he does not have any personal knowledge. In your case the principal or the actual complainant can easily come at the time of evidence, testify and face cross examination. No special leave of the court os required.
Parveen Kr. Aggarwal
(Expert) 21 March 2010
For the prosecution of his case by the principal (or the complainant) no leave of the court is necessary. No application need to be moved. You file affidavit in lieu of examination-in-chief of the complainant and get him cross-examined. The complainant may appear instead of the power of attorney to attend and prosecute his case and no need to remove the attorney.
