Dishonour of Cheque
Sumit Lal
(Querist) 06 September 2009
This query is : Resolved
A proprietorship firm represented through its law officer, a power of attorney holder files the complaint U/s.138 of the Negotiable Instruments Act. The said power of attorney happens to be an Advocate who has not surrendered his licence.
My query is
(1) whether the power of attorney is valid?
(2) Whether can the power of attorney holder represent the proprietorship firm as a complainant?
(3) Whether the complaint will be maintainable?
Jithendra.H.J
(Expert) 06 September 2009
PA is valid if it is executed as per law,
he can represent the firm as the firm is a legal person,
sure complaint is maintainable.
Jithendra.H.J
(Expert) 06 September 2009
pA is valid if it is executed as per law,
he can represent the firma as the firm is a legal person,
sure the complaint is maintainable.riven
Adinath@Avinash Patil
(Expert) 06 September 2009
If power of attorney is executed before notary public or registered in register office & it clears all facts for which purpose it has given &it is valid by law.P.A. holder can file complaint on behalf of firm.Complaint filed by him is maintainable.riven
Sachin Bhatia
(Expert) 06 September 2009
1) Yes power of attorney is valid if it is executed in a prescribed manner.
2) Yes the power of attorney holder represent the proprietorship firm as a complainant.
3) Yes the complaint will be maintainable.riven
Raj Kumar Makkad
(Expert) 06 September 2009
I also agree fully with the opinion provided by all 3 experts. Surrendering of license for the purpose of getting power of attorney to represent any firm in the court as complainant is not required under Advocates Act, 1956 or under negotiable Instruments Act. so go on without any hesitation. These grounds if raised by accused side, shall have no bearing at last.riven
Bhumik Dave
(Expert) 06 September 2009
Agreed with above all ld.riven
Sumit Lal
(Querist) 07 September 2009
Many thanks for your valuable opinion and suggestions.
But I need some more clarifications about power of attorney holder.
Whether an Advocate having not surrendered his license can work for gain under any person as per the provisions of the Bar Counil of India Rules?
If an Advocate without surrendering his license works for gain, can he hold a power of attorney to represent his employer, file complaint and give evidence?riven
Shivasurya
(Expert) 07 September 2009
Ifan Advocate having not surrendered his license and work for gain under any person is totally against the provisions of the Bar Counil of India Rules. you can file complaint against that advocate before the concerned state bar counsil along with documentary proof. The bar council may remove the advocate from the bar council, but it cannot vitiate the proceedings against you u/s. 138 NI Act. If you do the licence of that advocate alone will be cancelled
riven
Sarvesh Kumar Sharma Advocate
(Expert) 07 September 2009
mr. sumit ji,
sec. 8 of n.i.act can help ur query clearly.
one case law is also given 2 u-
punjab & sindh bank v vinakar sahkari bank ltd. AIR 2001 - 3641 (sc)=crlj2002 93
riven
Sarvesh Kumar Sharma Advocate
(Expert) 07 September 2009
in dis case how can be proved dt d Advocate works for gain?
yes d adv.can hold a power of attorney to represent his employer/client and give evidence in the Court.
riven
PALNITKAR V.V.
(Expert) 08 September 2009
Sometimes the advocates are designated as law officers but they are actually retainers. They need not surrender the sanad. In such circumstances, the POA would be valid.riven
