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Mohit Gupta (lawyer)     13 October 2009

cn a POA HOlder depose in place nd instead of principal

can a poa holder take place of principal in 138 NIact case or can a court convicted a person on only evidence of POA HOlder of Indivisual complainant(not corporate or institutions)while complainant never come in witness box to giving their evidence.

if u hv sm case laws on this topic kindly send me on this forum or my mail id msn_mohit@yahoo.co.in



Learning

 5 Replies

chaitanya v mahurkar (advocate)     13 October 2009

a poa can institute a 138 ni act complaint on behalf of the principal and depose on affidavit on the basis of his personal knowledge. he cannot depose on behalf of the principal. to my knowledge there are no case laws where a conviction is given solely basing  upon the evidence of poa. i have ur id will let u know if there are any such case law. justice sinha of sc has clearly set out the role and function of poa in his 2007 judgment in 138 case. the same is followed by other hc and sc judges.

adv. rajeev ( rajoo ) (practicing advocate)     13 October 2009

poa holder cannot file a ni act  and he cannot depose on behalf of the principal, there is a citiation in this regard report  ILR kar.

Adinath@Avinash Patil (advocate)     13 October 2009

DEAR MOHIT ,

HERE IS CASE LAW WILL HELP YOU ,

POWER OF ATTORNEY

COMPLAINT BY - COMPLAIN  CAN BE PRESNTED BY HOLDER  P O A- BUT FOR PURPOSE OF FURTHER PROSECUTION- PRESENCE OF COMPLAINANT IS ESSENTIAL--IF COMPLAINANT APPEARS AND GIVES HIS STATEMENT BEFORE COURT-THEN THERE IS NO DEFECT IN FILING COMPLAINT-SAME SHALL BE TREATED AS CURED-PETITION DISMISSED,

RAMESH V/S GANESHCHANDRA AND OTHERS,

DCR 2004[2] PAGE 641. [MP]

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     13 October 2009

DEAR ALL,

EVEN THOUGH IT IS NOT DIRECTLY RELAVANT,BUT GPA-NI ACT SEC 138 RELATED CASE LAW ATTACHED FOR THE MEMBERS TO SHARE AS AN IMPORTANT JUGEMENT OF SC


Attached File : 43 gpa- ni act sec 138.pdf downloaded: 111 times

anil lalla (advocate , mumbai)     14 October 2009

a poa holder cannot depose on behalf of the drawee of a cheque is one view of mumbai high court.if drawee is available i believe he must enter witness box.if an objecton is not raised by accused then a conviction may follow on evidence of poa holder


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