Correction/ amendment in complaint under section 138 ni act
sandeep shukla
(Querist) 28 September 2014
This query is : Resolved
a complaint was filed under section 138 NI Act. in the name of complainant, due to some mistake, only name of the firms was mentioned in favor of which the cheque was issued.
the case was filed on behalf of attorney holder but in the parties name only firms name was mentioned "through attorney holder ......' was not mentioned.
how will i correct it.
P. Venu
(Expert) 29 September 2014
Is it a firm or a company?
T. Kalaiselvan, Advocate
(Expert) 04 October 2014
The copy of the POA deed may be submitted to the court which will clearly indicate that the company is intending to prosecute the case through its power holder. This will take care of the situation.
Anirudh
(Expert) 04 October 2014
Dear Mr. Shukla,
The title should be name of the firm, through ... (name of the partner).
Make suitable amendment to the complaint by filing an application.
Again the POA might have been given by the partner and not by the Firm, for the Firm is not capable of giving any POA itself. It has to act through one of its partners.
