complainant with his spa in court
rajan chopra
(Querist) 09 November 2016
This query is : Resolved
Sir my uncle of aged 68 yes has filed a complaint u/s 138 of N.I Act in which they have given me attorney and the case was listed for office report and documents to be exhibited and court asked me to present the complainant at the time of exhibiting the documents and on the date I with my uncle was exhibting the documents then an advocate who neither was party and nor an interested person and also was not given attorney on behalf of the accused suddenly stood and objected on my exhibiting the documents by saying that since the spa holder is not advocate and thus he can not exhibit the documents and when the complainant is present in court then his spa can not be allowed to be even present in court.Judge ruled that complainant may exhibit the documents and spa holder may appear on after coming dates on behalf of the complainant. Is all this is right procedure as per law ?
Rajendra K Goyal
(Expert) 09 November 2016
If you are not satisfied with the procedure adopted by the court, challenge the decision.
Procedure is correct till challenged and reversed by competent court.
P. Venu
(Expert) 09 November 2016
SPA can deal with all aspects of the case on all aspects including giving evidence, except matters that are in the personal knowledge of the complainant.