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agapi (doctor)     13 June 2009

From a foreigner

 Please also let me know whether I can file a complaint under sec 138 of N.I. while staying out of India!!! Or it is mandatory for me to come to India?



Learning

 4 Replies

Kiran Kumar (Lawyer)     13 June 2009

well complaint under S.138 NI Act can be filed through valid power of attorney, but the trouble will be u ll ve to come down for deposition/ evidence.

there are no. of judgments which would say Power of Attorney can only depose to the extent of facts in his knowledge, for the facts which are in knowledge of main complainant can only be deposed by complainant.

better would be u file it persoanlly.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     13 June 2009

Sanjeev is right.

adv. rajeev ( rajoo ) (practicing advocate)     13 June 2009

sorry, Kirankumar is right.

agapi (doctor)     13 June 2009

Thanks a lot for your kind help to me to understand the legal position. Can you please confirm me one more thing---- What will I have to tell the court regarding the reason of getting this cheque? I have no more documents than this cheque, I have returned the agreement and right now I can ofcourse submit this cheque to my account and most probably can get the 'insufficient funds' stamp but I cannot prove that I got this cheque from the drawer towards clearing his debt or liability. Please tell me the exact scenario of law---- because I have to come to India to file and to proceed. Thank you once again.


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