Sec. 138 of nia for dishonour of cheque
P.C. Joshi
(Querist) 07 February 2012
This query is : Resolved
Dear learned friends,
I want to know in case of dishonour of a cheque, whether a complainant has to appear persoanlly before the Magistrate for making the complaint or at any stage of the trial or he can deligate it to someone else by a power of attorney.
Will the answer be different where the complainant is an individual or firm or a body corporate.
Thanks
P.c. Joshi
adv. rajeev ( rajoo )
(Expert) 07 February 2012
It is not necessary to the complainant to appear before the court to file a complaint, even advocate can file on behalf of the complainant. In my opinion he cannot delegate it to someone by executing PA.
The same is applicable to all
Devajyoti Barman
(Expert) 07 February 2012
Complainant or his POA holder will have to appear.
Physical presence of complainant or his representative while filing the complaint can not be dispensed with.
V R SHROFF
(Expert) 07 February 2012
“SORRY, Can't reply THESE TYPE OF QUERY having Repetitions, Academic, contains SMS Language, Commercial, Vague and Imaginary query.”
Deepak Nair
(Expert) 07 February 2012
Dear Mr.Joshi,
The experts have collectively decided not to answer such type of queries without any actual legal issue.
P.C. Joshi
(Querist) 07 February 2012
I am highly thankful to Rajeev abd Divajyoti for giving their views and also other members for not giving their views. I first time came to know that the forums like Lawyers Club is having a selective approach while replying the queries from the fellow members. For your information I am also a qualified law garduate but I am into job. One of my director has given some loan to a known person the cheque is dishnoured. For filing a complaint I was told that the director has to go personally to the magistrat, I just wanted to have a clarification to this point. Because I have in my previous company seen that for lodging a complaint & representaing the case u/s 138 the company has authorised one of its officials.
now you can decide whether you woud like to reply or not.
P.C. Joshi
V R SHROFF
(Expert) 07 February 2012
Company can pass resolution and authorize a person knowing all facts of the case, whon can complain, file evidence aff, and carry on the legal procedure. Resolution of authority is a must to win the case.
POA holder cannot depose before a court of law[SC]
ajay sethi
(Expert) 07 February 2012
Mr joshi whether loan was given by director in his personal capacity or on behalf of company .
if it is for company then i agree with Mr shroff . company cna pass resolution authorising any officer who is conversant with facts of case to file complaint , file evidence affidavit etc . as further safeguard company can issue power of ttorney in his favour .
Sailesh Kumar Shah
(Expert) 07 February 2012
Dear Mr.Joshi,
Pass resolution in the meeting board of directors of the company for authorising its official to do all such work relating to 138 case. There is no need of poa. Only resolution would suffice.
Devajyoti Barman
(Expert) 07 February 2012
Yes validly passed Board Resolution is must for this thing.
P.C. Joshi
(Querist) 07 February 2012
Dear Friends,
Thanks for giving your valuable replies. Now I am clear but suppose the loan given by the director personally then can he authorise someone else to file complanint u/s 138 and thereafter to attend the hearings, file affidavits, give statements etc.
Thanks & regards
P.C. Joshi
Deepak Nair
(Expert) 08 February 2012
Complaint can by filed by through attorney.
But, it is better to file personally, since the attorney can depose only to the extent of his personal knowledge.
He is not authorised to depose on those issued which he does not know personally. Thus the same weakens the case.
