Whether power of attorney holder can file complaint of IPC

Any body may complaint of criminal act. No power of attorny is required. But Except some exceptions provided itself in IPC as Offences relating to marriage.ETC

Power of attorny is not allowed to complaint specially in IPC. Though there are some special Acts like N.I. Act where Power of attorney is allowed.
 

Even NI 138 poa is not allowed except for unnatural persons.

for NI Cases: Complainant / Payee can be:

1. A company or firm or association: All such payees are jurist persons not the natural persons, so a properly authorised person can initiate the complaint on behalf of the payee.

2. Payee being an individual: No clear ruling on this, so it is advisable for the payee to proceed with himself only and take no chance.

3. Properitorship firm in case properietor is a firm or company (jurist person): Same as above in Sr#1

4. Properitorship firm in case properietor is a natural person: This is left quite confusing by honorable Supreme Court. What Supreme Court meant was that an existing Power of Attorney Holder can be authorised by properietor to initiate the proceeding under NI ACT, but cases are being filed on SPA, which I feel is questionable, moreover in such cases the POA cannot depose as the complainant if he does not have the first hand information of the transaction, now who decides this, the only confirmation is that if he is an existing POA. So a mere employee of any status should not be given an authority or SPA to file the case on behalf of the complainant, it may fail. Such people can act as witness, but they cannot depose for the complainant, their affidavit if made as and on behalf of the complainant may fail as heresay. 

Agreed.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com