LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kiran Kumar (Lawyer)     09 September 2009

S.138 NI COMPLAINT CAN BE FILED THROUGH POWER OF ATTORNEY

 

 

no. of times visitors have raised a query "Whether complaint under S.138 NI Act can be filed through Power of Attorney?"

 

in:

Durgadevi v/s Shalikram and anr.

Criminal Appeal No. 496 and 494 of 2008

 

Hon'ble Bombay High Court has categorically held that....such a complaint can be filed through holder of power of attorney, furhter such attorney can be examined in place of complainant if he has personal knowledge of the transaction in question or the bills had been signed by him.

 

this judgment is reported as 2009(3) Civil Court Cases 307 (Bombay)....parallel citations may be checked.



Learning

 9 Replies

Adv. Deepak (Advocate)     09 September 2009

Adv. Kiran Kumar,  Respected Sir,  Thanks a lot for such an important clarification with case law.  Regards.

Sumit Lal (Advocate)     10 September 2009

I take the opportunity to add to what Mr.Kiran Kumar, Advocate has said.

It is well settled that a complaint under section 138 can be filed through Power of Attorney.

Hon'ble Delhi High Court in the case of Ravi Gupta Vs. R.C.Tiwari (decided on 27.03.2008) has held that to maintain a complaint through a power of attorney holder, the complainant will have to seek the permission of the Court concerned for pursuing the complaint through a power of Attorney. It has been further held that the copy of the power of attorney has to be presented along with the complaint. Otherwise the order taking cognizance and issuing summons would be invalid.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     10 September 2009

a gpa can file& contest the case ,if principle dies the GPA  must take permission under CrPC and come in to  trail as legal heir or special nominee...

Adinath@Avinash Patil (advocate)     14 September 2009

Mr. kiran thanks for information.

madhu (sales manager)     29 September 2009

 

Request your advice for the captioned case of Hyderabad.
 
Title flow :
 
·         SriVenkateswaraCo-operativeHouseBuilding society alloted Plot no. 23-B of the layout admeasuring 375 sqmts to K V David vide regd sale deed no. 324 of 1983.
·         K V David along with his three sons a) John Kar Jithender, b) Aaron Kar Anil, c) Shadrach Kar suman entered into an unregistered development agreement cum GPA with KB Associates represented by its proprietor KB Reddy for development of the said plot and for construction of house on 17th July, 2000.
·         The same got validated vide validation no. 4060/R/Val/2001 by the district registrar, Hyderabad.
·         KV David along with his three sons all represented by KB Reddy of KB Associates AND KB Associates represented by KB Reddy sold portion of the house bearing MCH no. 8-2-293/82/L/23 B on plot no. 23-B, comprising of G+3 floors with built up area of 2400 sft on the plot admeasuring 155 sqyds to K.Saroja vide regd sale deed no. 3249/02.
·         Later K Saroja sold the same property to V Mahesh vide regd sale deed no. 1600/2003.
·         In the year 2008 , Major Company ( our customer ) bought the same property from V Mahesh vide regd sale deed no. 1976/08.
Our panel lawyer rejected the case and his comments are mentioned here
" As could be seen from the documents it appears that KV David who is the plot owner had offered the subject property in favour of KB Associates through an unregistered development agreement cum GPA which was subsequently impounded though the documents was validated later. Lacuna with regard to the registration of the document as required under section 17 of Indian registration act is not complied. There for keeping in view of the provisions of the registration act the transaction covered under the above document suffers from the defect. And as such the transaction is invalid in the eve of law. Therefore file is legally not comfortable hence rejected. "
Pls advice.

sapna (advocate)     20 November 2009

 the appionted power of attorney  of the comapny further delegate the power wherein its specifically states that the  power of attorney can delegate power and further the appionted power of attorney appiont further pow

 

ashwini jagadi (legal officer)     05 December 2009

Mr Kiran Thanks for information but one dought  that you mentioned that a GPA Holder shoud file complaint if he has personal knowledge of the transaction in question or the bills had been signed by him. but i am working as legal officer in the pvt chit company and  i will not involve in any transaction of the company or sign any bill i will come into picture as a GPA given by MD when the cheque bounce and then i will send the notice and file the complaint. sir ple guid me with citation weather it is mentainable

Thanks & Regards

Ashwini. S. Jagadi

Legal Officer

ashwini jagadi (legal officer)     07 December 2009

Respected si

i want one imp information. today i went to court as a company representative in court Hon'ble judge in open court informed that "Stop Payment "will not attract the N I ACT so guid me with citation as early as posible

Warm Regards

A

 

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     07 December 2009

 PLS GO THROUGH THE BELOW

CONTRIBUTION BY OUR VALUED MEMBER -SHREEJI

 https://www.lawyersclubindia.com/share_files/files_display.asp?files_id=3357

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading
Start a New Discussion Unreplied Threads


Post a Suggestion for LCI Team
Post a Legal Query