Can society secretary be called as a witness in s.138

Dear Querist,

In Section 138 N.I Act/ Dishonor of Cheque cases, a person can alone represent the complainant company/ society when he has been duly authorised by way of power of attorney along with the board resolution. In the case in hand, you being the complainant can produce the evidence by way of affidavit of your attorney who shall depose on your behalf. Now as far as your query is concerned the answer is yes, the secretary could be called for either

1. production of some documents in his power and possession

2. for deposing on behalf of the Accused

The chances for the first scenario is very minute. The chances of second case is negligible as your secretary being a part of your society would depose only in favor of the complainant and against the accused which the accused would never want.

In both the cases stated hereinabove , the accused has to file an application for summon/ calling such witness to either depose or produce the relevant documents. He has to fully satisfy the Learned Magistrate and only on being satisfied and using his disretion, the Magistrate shall issue summons to the witness for appearing before the Court on the specified date.

Kindly feel free to contact for any further clarifications.

Thanks

Regards

Tarveen Singh Nanda

adv.t.s.nanda@live.com

Phn-0955-555-1536 

hello,

ya court can issue summons against him if other party satisfies the court that secretary needs to be cross examined.

regards-

rahul.gogreen@gmail.com

GFriend,

You can pass the resolution in the General Body Meeting authorising any other Committee Member to represent the case in behalf of Society since Secretary is unable to attend the Court  as witness.  However, other member must have knowledge of the subject complaint and can better expose.

In my view, Power of Authority is not required. In case of Co-op. Authority  Resolution of the General Body Meeting authorising person should  suffice

ADV.JEEVAN  PATIL
VICE-PRESIDENT (LEGAL CELL)
CONSULTANTS & RETAINER

9869400938

what should be our logics/arguement/point , if he willing to call secretary. what should we say in that case if he raise the point before Magistrate.

This is a criminal case so only the person before whom the transaction happened has to depose.

In many cases of co op societies and even companies the complainat get away with resolution of committee or board but it is not legal if defense takes objection.

There has to be a proper locus standi for any person representing any body of persons such as society or company.