Whether agent can file criminal complaint on behalf of their principals

N.J. MISHRA (Querist) 08 February 2013 This query is : Resolved
DEAR MEMBER KINDLY GUIDE ME ON MY BELOW ISSUE;

MY QUERY IS THAT WHETHER AGENT IN INDIA ON BEHALF OF COMPANY SITUATED IN MALAYSIA CAN FILED CRIMINAL COMPLAINT U/S. 406, 420 & 437 OF IPC AGAINST THE PERSON INVOLVED IN THE SAID OFFENCE. PLEASE NOTE THAT ENTIRE OFFENCE WAS COMMITTED IN THE HIGH SEAS.

AS PER MY KNOWLEDGE ONLY THE AFFECTED PARTY CAN FILE CRIMINAL COMPLAINT ACCEPT CHEQUE BOUNCING CASES.

KINDLY ADVICE

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Advocate M.Bhadra (Expert) 08 February 2013
If the cheque was issued in the name of Principal Company then their agent can not file a case if there was no POA.Moreover Cheque bounce is a Compoundable Offence and this case is lie only u/s.138 N.I.Act and cause of action arose when the drawer would not comply legal notice.File a quashing petition on behalf of the accused in High Court u/sec.482 Cr.P.C.

Setu Niket (Expert) 08 February 2013
You have to provide more details because if the offence took place in High Seas very different set of laws are applicable

Guest (Expert) 08 February 2013
If he has the power of attorney of the company for the purpose, he can. But, about "high seas," you have not made any mention about high seas under the jurisdictional limits of which country?

Raj Kumar Makkad (Expert) 09 February 2013
If such offence has been committed within the territorial boundaries of India then POA od the company can institute such complaint as per provisions.

Sudhir Kumar, Advocate (Expert) 09 February 2013
come with facts of the case

N.J. MISHRA (Querist) 11 February 2013
the fact of the case is that some of the crews formed unlawfull assembly onboard ship and had damaged ship's wireless system and therby rendered the ship unsafe. the offence committed in high seas some where near Japan but since all the crews are indian we thought of filing a case in India. Now the issue is that all the crews are having contract of employment with malaysia based shipping company and we in india do manning for that shipping company. Now our principal is directing us to initiate legal action (to file criminal case) in India. Can we file criminal case on behalf of our principal

Guest (Expert) 11 February 2013
Abide by instructions of your principal, but after obtaining appropriate power of attorney to do that. But must see the the terms & conditions of employment of the Indian employees with the Malayasian company, if jurisdiction for legal action against them is not Malayasia.

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