31 October 2008
whether the power of attorney holder can sign the complaint and filed in the court and also depose on behalf of complinant as he is taken part in the transation of complainant and accused. That the POA has written the promisory note and also written the contents of cheque as per instruction of accused and deposed in court as complainent as he is POA holder?whether the POA can depose and also can sign and verified the complaint give result with current case laws of supreme court?
01 November 2008
The complaint can be presented by GPA on behalf of the payee provided i) the complaint shall be signed by the payee himself, ii) there shall be also an affidavit of the complainant in proof of his execution of GPA , and the GPA document should be produced, iii) sworn statement of the GPA can be recorded on the date of presentation of the complaint, iv) sworn statement of the payee shall have to be taken in a future date on his apperance in court.
GPA can file complaint under Section 138 but cannot depose on behalf of the complainant he can only appear as witness.
Dr. Pradeep Mohanbay Vs. Minguel Carlos Dias 2000 Vol. 102 (1) Bom. L.R 908