sec.138 N.I Act.

This query is : Resolved 

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?

legaleagle (Expert)
31 October 2008

yes attorney holder ca. . Number of cases it has been held. . Rest contact me ill help u

sankar narayanan (Expert)
01 November 2008

yes the PA can

Srinivas.B.S.S.T (Expert)
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

sanjay kumar patibandla (Expert)
04 November 2008

Yes the GPA holder can sign on the complaint.

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