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Power of attorney to conduct n.i. act case

(Querist) 17 April 2014 This query is : Resolved 
A complaint under Section 138 N.I. Act has been filed by the complainant. But, after more than 2 years, now a non bailable warrant against the accused has to be initiated by the Court. But the complainant due to work is now unable to attend the Court, therefore he made a “Power of Attorney to conduct case”, in favour of his father.
Q.1 - Does the appearance of the complainant is necessary for the non bailable warrant to be issued against the accused or Power of Attorney is sufficient? (Two times earlier summons and bailable warrant has been issued. But accused didn’t appeared).
Q.2 - Does the appearance of Power of Attorney holder is sufficient or is it compulsory for the complainant to appear?
Q.3 - What other remedy is available for the complainant, if he is unable to attend the Court. Does his father’s appearance is not sufficient? Although the complaint has been filed by the complainant and now his father is POA holder?
Q.4 - Any other relief for complainant or Citation for the same?
Devajyoti Barman (Expert) 17 April 2014
1. No need of POA. His counsel is enough to represent him.
2.same as above.
3.same as above. Father is no way connected here.
4. Citations are not mentioned here.
ajay sethi (Expert) 17 April 2014
counsel can appear on behalf of complainant . it is not necessary for complainant to remain present on each and every date .no need to give POA
Dr J C Vashista (Expert) 18 April 2014
The appearance of the complainant is not mandatory, counsel can do.
Vague query wherein you have asked, "Any other relief for complainant".
Sorry for Citation on this platform, find out and enlighten me too, if you have.
malipeddi jaggarao (Expert) 18 April 2014
Agreed with Mr.Barman.
T. Kalaiselvan, Advocate Online (Expert) 18 April 2014
agreed that the complainant's counsel will be sufficient enough to represent him before the court, if the complainant insists his proper representation, he may execute a special power of attorney on his father's name for further conduct of the case, the complainant, in that case, need not appear before court, his POA and counsel will take care.
Rajendra K Goyal (Expert) 18 April 2014
Agree with the experts.
Nadeem Qureshi (Expert) 18 April 2014
nothing left to add
amit (Querist) 22 April 2014
Thanks & Regards.... !!!


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