Cheque bounce

Dear Querist

my opinion on your queries are as under

1. Who can file suit on the customer on behalf of the company.

Opinion: any person appointed by company via POA can file the complaint or suit on behalf of the company.

2. If physical presence of the person filing suit is compulsory on each and every date during the proceedings of the case in the court.

Opinion: yes it is mandatory but if there is any advocate then no need to worry the advocate can handle the case.

3. if the person on whose behalf suit was filed left the company, can company appoint any other person to be present and represent the company in the court.

Opinion: yes the company may appoint any other person to represent or fight the case on behalf of the company.

Feel Free to Call

ANSWER TO ALL YOUR QUERIES  IS YES. ADV. AVDHESH CHAUDHARY, 09891507137

nadeem ji, your knowledge is astounding, nicely done.

Two cases are made out one is criminal under S.138 and another is civil under Order 37.

1. The company must pass a resolution, authorizing  director or directors to go ahead on such cases and also stating that the these authorized director(s) have authority to issue POA to any other person for initiating the case etc. It must also be mentioned that these director(s) can appoint a new POA subsequently if so required. And this POA must state that the company take responsibility for any act done by such POA holder.

3. Be careful about who gives evidence, if this POA holder is also made sole witness, then it may be difficult and adverse if he goes away. If possible add at least two witness one who can give direct evidence for the transaction and the other one who can give evidence based on record from the company. If there is any director who has signed the bill or who is the incharge of business, then he may be included as witness if you feel that this employee may go (as the case may take few years)

Case under civil may get finalized faster in this matter. Consult a local lawyer.