NIA 138 CASE
S.D. Singh
(Querist) 14 February 2016
This query is : Resolved
My son received a cheque which bounced. Now he is out of station and i want to lodge case on his behalf. Can i do so. If yes who would be the complainant. My son or me. Whether i have to take POA from my son. Please suggest procedure in this case.
Anirudh
(Expert) 14 February 2016
If the cheque was issued in the name of your son, and the same got bounced, then ONLY your son can lodge the complaint and not you.
Prior to lodging of the complaint, a statutory notice is required to be issued to the person who issued the cheque. Only after failure by the person who issued the cheque to pay the money after receipt of the statutory notice, one can file a complaint.
For issuing the statutory notice through a lawyer, the presence of your son may not be required. You can talk to a lawyer and request him to issue the notice, on behalf of your son. Thereafter, your son (hopefully he will come back by that time) can lodge the complaint. If he is unable to come, then you can obtain a Power of Attorney from your son and on the strength of the POA, you can lodge the complaint.
Therefore, first you have to take steps to issue legal notice WITHIN THE TIME LIMIT from the date of dishonour of the cheque. This you can do even when your son is not present.
Rajendra K Goyal
(Expert) 14 February 2016
Well advised, agree with the expert Anirudh.
Guest
(Expert) 14 February 2016
Nicely advised by Shri Anirudh.
Devajyoti Barman
(Expert) 14 February 2016
Any close family member on the basis of POA can initiate cheque bouncing case on behalf of the actual beneficiary of cheque.
There is legal bar.
S.D. Singh
(Querist) 14 February 2016
Legal notice process done. Now problem is son is out of station can father file complaint . As per barman sir father can file the case and also give statement 200 . 202 crpc. Please suggest.
