la56 (none) 11 January 2010

Motion to Quash

I issued a security cheque to stay employed with the company for 1 year. after i left employment the company tried to cash the cheque and issue me a notice for non payment.

I replied explaining no amt was due but the company still filed a law suit against me in a lower court in mumbai.

I am currently outside the county, can i ask someone on my behalf to file a motion to quash this complaint in high court (can i file it in delhi high court ) and also ask for compensation legal expenses and mental harasment,

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5 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 11 January 2010

you can send a POWER OF ATTORENY to near or dear and you can contest the case either in same court/ and you can file civil/criminal cases on the responsible persons.

la56 (none) 11 January 2010

Thanks for your reply. Is it possible to file motion to quash in delhi high court if the case has been filed in mumbai metropolitan court.

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555) 12 January 2010

reddy sir,

whether accused can be represented by power of attorney?

if there is any citations plzzzz provide it.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 13 January 2010

only complainant can be allowed by POA , after first appearance in trail court ,accused can dispense his personal appearance u/s 205Cr.p.c and ask to represent case by counsel/PO.

Jatin Sapra 9312223345,Delhi (Advocate) 13 January 2010

Hello,

You can only be represeted and Anyone can file quashing of complaint but it will be on ur behalf and further it can be filed only in the High court within jurisdiction the the complaint has been filed.

You can seek exemption from personnel appearence only after getting bail from trial court.