138 case

Move an application in the court for substituting the name of the new person in place of the other..be sure the company passes the resolution authorising the new person.. application will most probably be allowed

u may substitute the same by some another person by passing the board resolution in his favour more so there is provision in the code i.e 305(5) by giving the cogent reasons.

Dear Mr. Bhupeder,

You please go through the provision of the section 305 (5). This section does not provide the procedure to substitute the authorised representative in a complaint case.

This section provide the procedure if an company is an accused in a case then what procedure has to be adopted.

Now come up to the main query. Mr. Mugundhan, you need to move an application under section 302 (2) of the Code of Criminal Procedure Code, 1973, along with Board resolution or power attorney of new Authorised representative. The court will surely substitute new AR in your case.

You can check out the link below where i hv answered the same query.

https://www.lawyersclubindia.com/forum/Re-Death-of-a-Complainant-in-the-matter-of-138-of-N-I-Act--23417.asp

Thanks