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Mahesh Baheti (Advocate)     09 November 2009

Private Complaint

Can a GPA file Criminal Private Complaint in Court.  In this case the principal is residing abroad



Learning

 6 Replies

Sanjeev Kuchhal (Publishers)     09 November 2009

In cases of dishonour of cheque the complaint can be filed through the holder of power of attorney. Such power of attorney can also be examined in place of the complainant if he has personal knowledge of the transactions.

AEJAZ AHMED (Legal Consultant/Lawyer)     09 November 2009

Dear Mahesh,

What is the subject and Offence under complaint....??

In addition to Sanjeev's reply:

" Such power of attorney can also be examined in place of the complainant if he has personal knowledge of the transactions "

It was found in Janki Vashdeo Bhojwani case ( 2004 AIR SCW 7064) that the principle laid down in Shambhu Dutt Shastri case ( AIR 1998 Raj.185) is the correct view and which is as follows:−

 " A general power of attorney holder can appear, plead and act on behalf of the party, but he cannot become a witness on behalf of the party. He can only appear in his own capacity. No one can delegate the power to appear in witness−box on behalf of himself To appear in a witness box is altogether a different act. A general power of attorney holder cannot be allowed to appear as a witness on behalf of the plaintiff in the capacity of the plaintiff. "

Kindly go through the following Judgements :

(https://indiankanoon.org/doc/1330621/ ) Shambhu Dutt Shastri vs State Of Rajasthan And Ors. on 10 April, 1985

( https://indiankanoon.org/doc/553344/ ) Janki Vashdeo Bhojwani & Anr vs Indusind Bank Ltd. & Ors on 6 December, 2004

( https://indiankanoon.org/doc/1346490/ ) Y.Vijayalakshmi @ Rambha vs Manickam Narayanan on 8 June, 2005  ( GPA can file complaint)

1 Like

AEJAZ AHMED (Legal Consultant/Lawyer)     09 November 2009

GPA can file complaint


Attached File : 2 2 gpa can file criminal complaint y vijayalakshmi rambha vs manickam narayanan on 8 june 2005 1 .pdf downloaded: 295 times

AEJAZ AHMED (Legal Consultant/Lawyer)     09 November 2009

It was found in Janki Vashdeo Bhojwani case ( 2004 AIR SCW 7064) that the principle laid down in Shambhu Dutt Shastri case ( AIR 1998 Raj.185) is
the correct view


Attached File : 16 16 gpa cannot depose on behalf of complaint janki vashdeo bhojwani anr vs indusind bank ltd ors on 6 december 2004 1 .pdf downloaded: 244 times

sivasubramanian (Manager -Internal Audit)     14 March 2010

I need  a format for private complaint-

AEJAZ AHMED (Legal Consultant/Lawyer)     14 March 2010

There is no format of "Private Complaint"; all it depends upon the facts of your case:

for your further satisfaction kindly go through the following site address:

https://www.lawyersclubindia.com/forum/Please-help-me-with-a-draft-petition-of-Private-complaint-/4327/


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