Ni act complaint by general manager of a firm is permissible or not
Querist :
Anonymous
(Querist) 19 September 2011
This query is : Resolved
R/Experts
we are publishing a news paper and my brother is prop. of this news paper/group of publication and i am doing work as general manager, i have to file a complaint us 138 of NI Act,is it permissible ,kindly advice.Regards
Vijay
Shonee Kapoor
(Expert) 19 September 2011
against whom?
You can file a complaint, if your cheque was bounced.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 19 September 2011
in case of sole proprietory concern the proprietor has to file complaint . as general manager you can file complaint if you are power of attorney holder
Devajyoti Barman
(Expert) 19 September 2011
Yes as duly authorised agent or the constituted attorney you can initiate the proceeding under NI Act.
prabhakar singh
(Expert) 20 September 2011
if you have to file a complaint us 138 of NI Act,then state the fact related with cheque!
Who issued it(Drawer),the date on cheque,in whose favor it was drawn(payee),and for what reason cheque was issued,when the cheque was presented,when intimation of it getting dish honored was received, and notice of demand to pay with in 15 days sent and served or not on the drawer by payee are the facts relevant facts one should always tell to have a complete view of the picture.
Querist :
Anonymous
(Querist) 20 September 2011
Sir
Matter is within limitation and cheque was issued in the name of Firm.Kindly advice me.Thanx
Arif Iqbal
(Expert) 20 September 2011
The query should be more specific. However I agree with Mr Ajay Sethi
Guest
(Expert) 20 September 2011
Only the properietor of the firm, active partner or the authorised signatory can file a complaint on behalf of the firm. So, if the Manager is authorised signatory, he can do.
Raj Kumar Makkad
(Expert) 20 September 2011
I do agree with common opinion of all experts.
M/s. Y-not legal services
(Expert) 20 September 2011
Y not? Negotiable instruments act permits representatives to initiate the proceedings.. If you are the power agent of your company mean you can..
Shastri J.K.
(Expert) 20 September 2011
I do agree with Mr ajay sethi.
girish shringi
(Expert) 23 September 2011
I DO AGREE WITH THE EXPERTS.
Arun Kumar Bhagat
(Expert) 03 October 2011
No, an authorised person can not file a complaint under 138 N.I.Act. Either the payee or holder in due course only can file the case. Constituted attorney can file a complaint on behalf of principal but it should be in the name of principal.For proper guidelines see the judgement of Harman Electronics passed by Supreme Court in 2008.
Advocate. Arunagiri
(Expert) 03 October 2011
The person in whose name the cheque was issued can initiate cheque bounce case, in his name or company name. The person can be represented by a POA.
