Anton Phonse Industries Pvt Lt (Managing Director) 11 October 2012

Can nri file a criminal case with power of attorney

Dear All,

I am an NRI who would like to file a Criminal Case against my previous partner for cheating. Can it be done by my company manager to whom I have given a Power of Attorney? I took over the company from previous partners who left a few month's electricity bills unpaid (this comes to nearly 25 lakhs, being a power intensive unit). I have an advocate dealing with the matter. But he says that I have to come to India for filing the case, as the Judge may not accept my manager, even though he has a PO. I checked with another advocate and he says it can be done. Now I am confused.

Please advice if possible with the help of any clauses or something like that to convince my advocate.

Regards,

Thomas

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YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com) 11 October 2012

CRIMINAL COMPLAINT CAN BE FILED BY POA IF YOURS IS A COMPANY.

Advocate/CS Sanjeev Kataria ( Advocate) 11 October 2012

Company is a seperate legal entity and can sue and be sued by its own name. An auhtoised representative , authorised by board of dirctors of company can file a case, you need to come to India. it is better to pass a board resolution and authorised some one to file a case on behalf of company.

stanley (Freedom) 12 October 2012

I agree to Mr Sanjeev view expressed here .After the authorisation you can go back .

Anton Phonse Industries Pvt Lt (Managing Director) 13 October 2012

Thank you all for your kind advice.

My later discusions with the advocate made me to understand that this is a new requirement from High Court or Supreme Court and very few Judges insist on it. It seems that the particular udge is very strict and he always requires the person to be present. Hence we have decised to try without my absence requesting the Judge to accept the case, mentioning that we are aware of this prticular rule. If he insists, I will appear.

Thanks again for u r time.

Regards,

Thomas