Criminal Proceeding against Power of Attorney Holder
Vijayakanth Murugan
(Querist) 11 April 2010
This query is : Resolved
Dear All,
My query is as folows:
The situation is a pvt ltd company is in business with a proprietory concern. The proprietory concern is represented by its power of attorney holder (Proprietor is mother, giving power to her son to represent her due to her old age). The Specific POA given by the proprietor is silent whether the Power will defend the Criminal proceedings initiated against the company, Moreover the POA does not have any liability clauses on the power holder. Is it is legally possible to initiate Criminal Proceeding against the power of attorney holder on behalf of the company, More specifically, Is it possible to initiate Section 138 case under NI Act against the power holder incase of any cheque given by the power holder on bahalf of the Proprietor gets bounced.
Kindly Clarify. Thanks in advance.
Regards
Vijay
s.subramanian
(Expert) 25 August 2010
No. The power agent cannot be prosecuted because he is acting on behalf of the principal,who alone is liable.
