138

rajvinder singh (Querist) 27 September 2012 This query is : Resolved
complaint filed by attorney.my query is that whether at time of main evidence the pricnipal has to come in witness box or the attorney can again depose in complainant evidence

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rajvinder singh (Querist) 27 September 2012
in other words is it necessary to examine complainant after issue of process under section 200 crpc in 138 ni act.or power of attorney can be again examined in trial

Arvind Singh Chauhan (Expert) 28 September 2012
Attorney can't give evidence on behalf of complainant. Complainant has to come in witness box.

R.K Nanda (Expert) 28 September 2012
attorney cannot adduce evidence.

Rajeev Kumar (Expert) 28 September 2012
Attorney can't adduce witness. Complainant have to come in witness box.

rajvinder singh (Querist) 28 September 2012
sir may i get the judgement in favour please help

Arvind Singh Chauhan (Expert) 28 September 2012
Please go through the para 17- of Sc's judgment- Civil Appeal No. 6790 of 2003 decided on 06/12/2004- Janki Vashdeo Bhojwani & another V/S Indusin Bank Ltd & Others-

"" POA holder can appear, plead and act on behalf of party but can't be allowed to be as a witness on behalf of plaintiff ""

As 138 is criminal matter You go through the judgment of SC -"Which lays down PAO holder can be a witness only When"

CRIMINAL APPEAL NO.1449 OF 2003-M/s. Shankar Finance & Investments Versus State of Andhra Pradesh & Ors- decided on 26 June 2008.