Examination of complainant in cheque case

Shree. (Querist) 01 February 2015 This query is : Resolved
Dear All,
Please clarify the following
In a cheque bounce case Complainant has appointed a Power Agent to represent the case before magistrate court.Further the power agent represented the case for past 4 years and filed proof affidavit on behalf of the Complainant and subsequently without any knowledge of the Power Agent,the Complainant had filed to remove the power agent and the Complainant had been representing the case thereafter on his behalf.Now the case proceedings has been at the stage of cross examination on the side of defence.
1.Whether the Original Complainant has to crossed or else the Power Agent namely PW-1 who marked documents and examined in chief have to be cross examined on the side of defence.
Any citations relevant may be reffered
Thanking u in advance

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Guest (Expert) 01 February 2015
Once the Complainant himself had made available all the Proceedings will be with him only.

Shree. (Querist) 01 February 2015
Sir,
I am asking whether the Original Complainant have to file Proof Affidavit afresh or not

Guest (Expert) 01 February 2015
No need for the same.If at all any thing to be added or included he could file the Petition and Submit .

DEFENSE ADVOCATE.-firmaction@g (Expert) 01 February 2015
Mr Shree you seems to be senior member and have submitted many files articles advising others.

Cheque cases are simplest of simple cases and in most of the case where the complainant wins it is not the COMPLAINANT who win but due to over confidence of the accused advocate conducting trial destined to loose.

Foundation of loosing the case is laid by recording lousy plea on the vary first day by the accused.Since in majority of cases it amounts to admission may be with riders.

Read the complaint properly, go through all the documents and you may find answer there in records it self.

Devajyoti Barman (Expert) 01 February 2015
The evidence already recorded by the POA holder on behalf of the original complainant can not be set aside even if subsequently his POA is cancelled and hence the original complainant need not be re examined or cross examined afresh.