Power of Attorney.

allurisivajiraju (Querist) 23 December 2009 This query is : Resolved
Respected Seniors,

The Complainant obtained a power of attorney basing on that he filed a complaint against accused under section 138 of N.I.Act. Before or after filing of the said case he was not taken a permission from the Court to continue the case basing on the power of attorney. Now the stage of the case is for examination u/s 313 of Cr.P.C.

What is the fate of the case. Whether the complaint is maintainable without prior permission of the court to continue basing on the power of attorney.

Thanking you in advance.

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Devajyoti Barman (Expert) 23 December 2009
The power of attorney holder does not require any special permission of the court to continue the case though the court can decide in the other way if it is found from his evidence that the constituted attorney did not have any personal knowledge or part in the alleged incident.

Raj Kumar Makkad (Expert) 23 December 2009
It is duly maintainable though it would have been better if he would have sough permission but as the accused didn't raise any objection at any stage so he cannot take benefit out of this minor flaw if otherwise case is duly proved against him.

Sukhija (Expert) 23 December 2009
I agree with the views of expert above.

Poonam Upadhyay pathak (Expert) 23 December 2009
I agree with above experts.

Ajay Bansal (Expert) 26 December 2009
The proceedings are maintainable.

Guest (Expert) 01 January 2010
Once the complaint is legally proceeded with as per Cr.P.C., and the criminal court takes cognizance of the complaint, the complainant may be compelled to appear if the court directs so; but otherwise the proceeding will continue as far as the accused is concerned. Now you say the stage is at 313 questioning. It's accused role to play. No looking back!

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