Syed Faisal Qadri (lawyer) 08 July 2012
Dear All,
I have a querry:- My Complaint under Section 138 NI Act has been dismissed by the magistrate on the ground that the power of attorney appended with the complaint does not specifically state that the same was executed for filing fresh cases also. POA states that the attorney holder is authorised to act in pending cases. Can non mentioning of a word "fresh cases" be a ground for dismissal of a Complaint.
Regards
S.F.Qadri
Arvind Singh Chauhan (advocate) 08 July 2012
I think revision must be filed.
E. Venugopal (Advocate) 08 July 2012
yes, if your previous poa is specified only for a limited purpose, it is not valid. IF your POA is for all cases on behalf of Principal you can file all cases. It depends on the document you filed.
Ajit Singh Cheema (practising Advocate) 08 July 2012
When the power of attorney is for pending cases ,it should not be used for fresh cases. The case rightly dismissed.
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