Cheque bouncing
AK Misra
(Querist) 26 May 2017
This query is : Resolved
In case of Banks (A company)who can file a complaint U/s 138 ?.Whether the officer should have POA holder to file complaint/ file evidence affidavit. Whether a Branch Manager without POA can do so?
Susmita
(Expert) 27 May 2017
A Bank through his authorised person can file 138 case. Authority is must.
Dr J C Vashista
(Expert) 27 May 2017
How does a Bank involved in filing a case for dishonour of cheque(s) u/s 138 N I Act, 1881?
In case of a company (Banking or NBFC) will have to authorise "someone" to file complaint, evidence, affidavit and records etc. on behalf of principal. Even the Branch Manager has to be authorised by the company for institution/lodging/filing a complaint case on its behalf.
Answer to second part of question (not query) is negative.
Guest
(Expert) 27 May 2017
Agree with Experts
Guest
(Expert) 27 May 2017
Well Advised Please
AK Misra
(Querist) 27 May 2017
Would you please quote some section/s or any verdict of any court in this regard specifically
Guest
(Expert) 27 May 2017
Discuss with Local Good Senior Advocate Please
Guest
(Expert) 27 May 2017
What is your Real Issue/Problem Please
AK Misra
(Querist) 27 May 2017
Mr. Rajkumar if you have answers then only answer.This is law forum where people expect formal legal answers backed by Law and SC rullings etc.I agree with Mr.Vasistha but I need reference of Law to make use of advise in the court of law.
Contact local advocate is not the Expert Advise by the way.
AK Misra
(Querist) 27 May 2017
Mr. Rajkumar if you have answers then only answer.This is law forum where people expect formal legal answers backed by Law and SC rullings etc.I agree with Mr.Vasistha but I need reference of Law to make use of advise in the court of law.
Contact local advocate is not the Expert Advise by the way.
Rajendra K Goyal
(Expert) 27 May 2017
Academic query.
State material facts of the problem if any.
How are you concerned / related with the query?
Rajendra K Goyal
(Expert) 27 May 2017
Section / Judgment / reference cases / ruling / citation / decided cases not provided / supplied. Discuss with your lawyer.
Rajendra K Goyal
(Expert) 27 May 2017
Dear Author,
You have posted your query in this section, any expert can reply as you have not posted your choice who should reply.
You can not ask any expert not to reply in absence of your preference mentioned.
Please try to avoid dictating your terms while posting query.
If you want reply from particular person, may send personal Message to him.
Guest
(Expert) 27 May 2017
Well Advised by Mr.RK Goyal
Guest
(Expert) 27 May 2017
Mr.AK Misra Sorry if you are Up set with My Reply
Guest
(Expert) 27 May 2017
Are you the Client Or Party in Person Or Advocate
Guest
(Expert) 27 May 2017
You should Discuss with your Advocate in Detail if you are the Client
Guest
(Expert) 27 May 2017
Obviously The Bank's Concerned Branch Manager Could File/Represent the Case with out POA
Guest
(Expert) 27 May 2017
If some body else is going to represent they would require an Authorisation
Guest
(Expert) 27 May 2017
That is why I had asked What is your Real Problem ?Issue?
Guest
(Expert) 27 May 2017
If my Question makes you Upset I am Sorry
Guest
(Expert) 27 May 2017
Take Care Please
Guest
(Expert) 27 May 2017
In such cases only the Concerned Court section Or concerned court could raise objections
Guest
(Expert) 27 May 2017
Once the Case is Admitted the Defendant Can not raise any Objections
Guest
(Expert) 27 May 2017
Once Again What is your Real Problem ?Issue Please
Guest
(Expert) 27 May 2017
With out Replying getting Upset will not serve your Purpose
Guest
(Expert) 27 May 2017
Take care and Do Not get Upset
AK Misra
(Querist) 27 May 2017
Payee or holder in due course is a competent person to file complaint.
Complaint must by corporal person capable of making physical appearance
in the court. In case of company and firm natural person should represent it.
Complaint can be filed by Power of Attorney Holder.
It is not requirement that the person whose statement was taken on oath at the first instance should
alone represent the company till the proceeding have ended. Even if the
person sent earlier had no authority, the company can at subsequent stage
send a person competent to represent the company.
( Associated Cement Company Ltd. vs. Keshavanand (1998) 91 company cases 3619 SC. )
AK Misra
(Querist) 27 May 2017
As Section 141 of NIA deal with companies cases . I just wanted to know that whether it is mandatory that in Cheque Bouncing cases(Criminal) whether officer filing affidavit/examination cheif should hold POA or definite authority to depose the case/evidences. Whether opposite lawyer can take objection if No Authority Letter or POA is filed along with such Evidence Affidavit?
Dr J C Vashista
(Expert) 27 May 2017
Definitely the opposite counsel shall take the objection till the person deposing is authorised by the company. Besides this, how can the Court allow the "unauthorised" person to file affidavit and depose?
Dr J C Vashista
(Expert) 28 May 2017
Thank you Goyal ji for agreeing with me.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 28 May 2017
No officer has authority to act on behalf of institution unless authorized.
Satya nand aggarwal
(Expert) 28 May 2017
Any responsible officer or office bearer of company/ Bnak can file a complaint U/S 138 without any authority
Please see law point - 2006-3-Civil Court Cases- Page 112.
Guest
(Expert) 28 May 2017
Well and Precisely Advised by Expert/Advocate Mr Satya nand Aggarwal Please
Guest
(Expert) 28 May 2017
Agree with MrSatyanand Aggarwal.
AK Misra
(Querist) 30 May 2017
In response to one of my querries I got the verey relevent answer with citation from Advocate Bhartesh Goyal.
I call it a Real Expert Advise .Those who raise querries already use to google a lot then they raise querries to have final view.
Expert Advise sample for all
As per recent judgment of S.C.,criminal appeals nos 261-264 of 2002, decided on10.09.2013,titled as MSR Leathers vs S Palaniappan,prosecution based on second or successive dishonour of cheque is also permissible so long as it satisfies the requirements stipulated under the provisio to sec 138 of the Act.said complaint was based on second notice .you may lodge the cheque for its collection of payment but it should be in validity period and if it dishonored , can issue second notice .
Guest
(Expert) 30 May 2017
Mr. AK Misra,
If I don't misunderstand, you can be a student at ICSI or of some law college.
But, I must point out to you that a knowledge seeker must be humble with the aim of learning and should also not try to teach the experts, more particularly when you are not a party to the case and also have not provided any case history for examination of the experts to help them arrive at some conclusive and purposeful opinion.
In academic type of questions, for answer only probability and guess work can be applied on hit & trial basis, not the real experience based knowledge of any expert.
Still further, any case law cannot be applied universally to one and all cases, unless the competent court has ordered so. Only immunity can be availed on that basis that too when the judge gets convinced, as based on the similarity in nature, circumstance and the characteristics of the case with that of the case law.
Guest
(Expert) 30 May 2017
Mr. AK Misra,
Once again, if you ask my opinion on your question, "Those who raise querries already use to google a lot then they raise querries to have final view," that is a sheer misunderstanding on your part, which you can know only after you gain practical experience. However, you are not wrong in assuming that some of the imposters do reply only on the basis of their google search without knowing the legal implications. But, definitely, you cannot assume that all of the experts depend only on google search just to pose as fake experts, if they ask you a question.
If some expert has asked you a question, he may be having much deep knowledge about the implications of law to be applicable in different situations and circumstances, but would want only to know which could be the nature, characteristics, and circumstances of the case to apply his knowledge aptly to the status of the case for the purpose of correct answer to the satisfaction of the querist or to help a person facing such problem, rather than confusing him that may mislead him from the legal angle
For example, not all the cheque bounce cases can be characterized as of criminal offence, but your question has been classed under the criminal law. So, nature of offence could only be judged from the case history of the case, which you have not given.
AK Misra
(Querist) 31 May 2017
I have already posted the appropriate answer gathered from others.
If you have any other view please post Else close .
Guest
(Expert) 31 May 2017
Mr. AK Mishra,
Sorry to say, I don't prefer to impart tutorials on a students' academic query, when you don't have say anything as of a background of the case, that too when you believe yourself to be a super tutor even for the experts.
AK Misra
(Querist) 01 June 2017
Mr.Dhingra by the way what is academic querry ? On any Law querry back ground shall be academic
I have not claimed I am super tutor . This is loosing balance of mind Sir.
This forum's endevour must be to impart solutions on Law Points. That we Non Experts look for.
I am posting some other issues for Experts advise in case of DRT matters.Hoping to have good peace of advise. OVER & OVER
Guest
(Expert) 01 June 2017
Mr. AK Misra
When you tried to make advice FOR ALL by saying, "Expert Advise sample for all," by that not only you acted like a super tutor FOR ALL EXPERTS, but also denoted the sense of your ego.
Instead of having shown any remorse on your making mockery of one and all of the experts with your statement, "Those who raise querries already use to google a lot then they raise querries to have final view," now you have tried to directly make mockery of me also by asking me a question about my qualification. That itself denotes your arrogance against the experts, rather than the expected humility of a learner/ student.
So, instead of asking a question from me, you could better have asked question from the LCI Admin, whether they register illiterates as experts without checking anyone's credentials and contribution at their site. You may better ask the qualification of that person behind the scene, who prompted you to raise such a question.
Further, before asking anything from anyone, you first have the dire need to learn how to behave with seniors.
AK Misra
(Querist) 01 June 2017
Mr.Dhingra
I appreciated an Expert and shared his peace of answer as a Model to my mind.This is sharing Forum and learning for all.
You have devoted good time on writing lengthy messages away from subject.Let me thank you. What else expected as I already
requested to Over & Over.
AK Misra
(Querist) 01 June 2017
Advise from Dr.J.C.Vasishta was suffice.However wanted some rulling or case law,that's all.
Thanks to him and forum.
Guest
(Expert) 01 June 2017
Mr. AK Misra,
Replies to academic queries can never be models solutions. Only befitting solution to the real life problem can be a model for majority of law practitioners, which you will be able to learn only during your practical experience while practising law, not now. You may still be immature, if you think answer to a theoretical question can be a model for you.
Guest
(Expert) 03 June 2017
Agree with Senior Expert/Advocate Mr.P.S.Dhingra
Guest
(Expert) 03 June 2017
Thanks Shri NJS Rajkumar for agreeing with me.
Guest
(Expert) 03 June 2017
Thanks Shri Rajendra K Goyal for agreeing with me.
Guest
(Expert) 03 June 2017
Welcome Sir
AK Misra
(Querist) 03 June 2017
Mr.Dhingra
Despite my repeated request you want to continue out of subject .It your time you may do so.
By the way how one can become Expert in this forum.What are the qualifications one should possess?
Guest
(Expert) 03 June 2017
Mr. Mishra,
You have put a very vague question, "how one can become Expert in this forum.What are the qualifications one should possess," to be asked from me, instead of asking from the admin of the website.
You were earlier also wrong by not asking the question about qualification from your prompter and imposter with his fake identity (without his real name, photo and location in his/her profile), and are wrong now also when instead of asking the present question from the admin of the website, you have asked the present question from me. Even on your request, the said prompter and imposter expert would also not oblige you to appear with his real identity, when on more than hundreds requests he has flatly refused to post his real identity. Why not try your luck to ask him his qualification and real identity also.
From the style of your responses, I CAN VERY WELL PREDICT THAT YOU CAN'T BE A GOOD LAWYER OR A COMPANY SECRETARY, AFTER QUALIFYING WHATEVER COURSE YOU ARE UNDERTAKING. I AM OF THE OPINION THAT YOU WOULD QUITE EASILY BE MISLED AND MISDIRECTED BY ANYONE AFTER YOU START YOUR PRACTICE AFTER CLEARING YOUR EXAMINATIONS, IF YOU FAIL TO CHECK CREDENTIALS OF THE PERSON, WHOSOEVER TRIES TO INCITE OR PROMPT YOU AGAINST ANYONE TO SERVE HIS/HER OWN VESTED INTEREST.
However, if you don't want me to continue, why you take trouble in responding my observations, besides posting your taunts for other experts, when you are getting model answers to your academic queries?
Anyway, best of luck!
AK Misra
(Querist) 03 June 2017
I am busy at the moment so avoiding your adjectives.
Best of luck to you too.Bye
Guest
(Expert) 03 June 2017
Your spot response does not suggest you are busy but you pretend to be busy to gain time to think over how to counter my observations instead of showing any remorse on your unwarranted attitude.
AK Misra
(Querist) 03 June 2017
I thoroughly enjoyed your humble conversation.Great Expert ,Great vision.
Now please paste a smiling photograph. "Teaching with Smile".
Thanks once again.
