Filing of Criminal Complaint
Nitin
(Querist) 31 May 2009
This query is : Resolved
Hi All,
My query is regarding the validity of a criminal complaint filed by an individual through his special power of attorney(SPA). In other words, can an individual acting in his personal capacity authorise another individual to file a criminal complaint on his behalf by executing a special power of attorney.
The individual appointing an attorney is the Managing Director of a company and so can not appear for every hearing. Can this be a valid ground for appointing an attorney through the SPA.
Regards
Nitin Satija
B.B.R.Goud.
(Expert) 31 May 2009
No.
Under any circumstances, the criminal complaint can not be initiated or instituted by a special or general power of attorney, where as civil case can file.
Uma parameswaran
(Expert) 31 May 2009
PoA is attending the cases come U/s 138 of NI act.
Nitin
(Querist) 02 June 2009
Dear all,
This is with reference to my query regarding "filing of a criminal complaint by an individual through his special Power of attorney". As the issue is a debatable one, i just wanted some more contribution from our Ld. members so as to explore the possibility and legality of filing such complaints.
Please do contribute......
Regards
Nitin Satija
