mainatainability
Querist :
Anonymous
(Querist) 06 March 2010
This query is : Resolved
what are the CrpC provisions to question the maintainability and the locus standi of the complainant appearing on behalf of the company registerd under companies act in NI Act(dishonour of Cheque)
Arvind Singh Chauhan
(Expert) 06 March 2010
I think following citation may be help full for your query.-
Power of attorney holder can institute the complaint-"Payee' means under Sec 7 not in personal in character- As such person can do it by delegation or can get it done by his agent-A.C.C.-2005-Vol-52-Sum -page-10.
Where a proprietary Concern carries on business through Power of attorney holder, Attorney holder can lodge complaint in the name of proprietary concern-SC-CLJ-2008-477.
Payee died before presentation of cheque to bank- his wife presented- on death legal heir could file complaint- CRIMES-2004(1)-KER-701.
Cheque issued in due discharge of debt-payee died after receiving cheque-cheque deposited in payee's account by legal representative-Said complaint by representative maintainable-A.I.C.-2003-Vol-10-Ker-307.
