u/s 138 NI Act

Querist : Anonymous (Querist) 04 May 2011 This query is : Resolved
can any individual power of attorney holder of the complainant ( Not any Firm) can file a complaint case and depose his evidence in the case?

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Devajyoti Barman (Expert) 04 May 2011
Yes if he has personal knowledge on the dispute.

Querist : Anonymous (Querist) 04 May 2011
Thanks, but I want to Know in detail because one case has been filed by my one of the advocate and case has been fixed for hearing on cognizance point but have got suspicious.

Advocate. Arunagiri (Expert) 04 May 2011
I fully agree with mr.Barman.

G. ARAVINTHAN (Expert) 05 May 2011
A company/firm/ proprietory concern is represented by manager/partner. likewise, even a son can file a complaint and give evidence on behalf of his father

Sarvesh Kumar Sharma Advocate (Expert) 05 May 2011
agree with ganesan's view!

Basavaraj (Expert) 05 May 2011
I have posted lots of citations to this query that POA can file complaint and depose, in five mints backs i think this is repeated one.

Guest (Expert) 05 May 2011
Yes, Basavaraj's observation is correct. The question is repeated one. Probably the author desires some specific reply to his taste, but has not specified what type of suspicion or doubt he has about the person filing a complaint under POA.

There should be no doubt if the person is duly authorised by the drawee of the cheque and he files a complaint on his behalf.

However, if the author of question has some specific doubt, he is welcom to come forward with the same to have some clear opinion of the experts.

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