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Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     26 August 2017

Signing of complaint...

Hi Friends...

A complaint of chque bounce has been signed and filed by attorney holder as per following dates (All on Court file)..

Signing of complaint by attorney holder on                                                   ......   06.07.2016

Power of attorney signed in favour of attorney by complainant on             .......  07.07.2016

Complaint filed in Court                                                                                     ........09.07.2016

Is this valid complaint ?

Thanks..

 

 



Learning

 13 Replies

Siddharth Srivastava (Advocate)     26 August 2017

Complaint is not valid as on the date of signing he was not the attorney.

Advocate Bhartesh goyal (advocate)     27 August 2017

Power of Attorney holder was not authorized to sign complaint on 06-07-2016 so complaint is not valid.

G.L.N. Prasad (Retired employee.)     27 August 2017

Just file a complaint afresh, taking into consideration the date of bouncing of cheque receipt notice.  When you get a doubt, you can contact and get it corrected.  That means you have to file complaint after the date of POA.  If you are NRI and if you have already given a GPA, it may also hold good, but you should avoid to give any scope for doubts and further arguments and nip it in the bud and ensure prompt submission.  Ensure issuing of notices are also proper.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     27 August 2017

Sir any beat suitable citation ?

R Trivedi (advocate.dma@gmail.com)     29 August 2017

This is a very minor issue. On the date of institution of complaint(that is 9th July) the attorney holder had the authority. You can raise the objection, but its not going to be fatal. You should focus on the competence of attorney holder to give evidence, that may be more fruitful.

 

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     27 September 2017

Advocate Goyal has given the proper and legal situation.

 

R trivedi you are presuming to know all and giving answers without and practical knowledge or expereience.

R Trivedi (advocate.dma@gmail.com)     27 September 2017

Vinod Shah, There is a very basic rule of law that a criminal case can be put in motion by anyone. In case of NI Act there is some specific requirement as who could be the complainant etc, and in case there is any missing or lack of Authorization, then the same can be corrected if objected. What is crucial is competence of complainant to give evidence on behalf of principal. As I said the objection as suggested by advocate Goyal can be raised but it is not going to be fatal on this score. If you find any fault with what I suggested please elaborate so that correct view is brought on record. Pl do not make any personal comment.

 

Pl visit following article and the issue in the post is briefly taken up in the end in summary section with reference to MMTC case by Hon SC..

Pl click here 

 

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     27 September 2017

You have no personal experience of handling any criminal case. And cases can not be run by reading this or that but by practical experience.

 

Once this site had lacs of visitors which has now dwindled in tens only . It is now monoplised now by people like you and hence most the expereinced advocates have stopped giving inputs.

 

Very few senior persons like Mr Goyal have remained. But people like you even can not stop by giving some imaginary advice and derailing the victims case.and demoralising others to seek advice.

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     27 September 2017

It is high time that some thing drastic should be done by the site management to bring this site to its old glory and value.

R Trivedi (advocate.dma@gmail.com)     27 September 2017

Oh, I understand your problem. Few years back you (may be under different name), Mr Santoshsingh, Mr Laxminarain etc were giving same self promotion advices, and you were objected by me. Now in a different post your friend Mr Santoshsingh has started the old trick again, and he was objected by me...so in his support you are trying to hit back. Keep doing but pl do not post anything which is bad in law.

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     27 September 2017

you are creating filth on this site and directing to other members.

You are skirting the main issue that you have no knowledge and finding fault with others.

R Trivedi (advocate.dma@gmail.com)     27 September 2017

Mr. Vinod Shah, thank you for confirming my suspicion that you are from the same group.

R Trivedi (advocate.dma@gmail.com)     27 September 2017

So you and your friends, will continue to misguide, carry on self promotion, ridicule all advocate's defence as lousy, and expect that no one will monitor you ? That is a wishful thinking Mr Shah; If you were intellectually honest, you would have read the SC reference of MMTC case given by me which fits for the Adv Singhla's query in that article, but no, you will not do that, because that will show you the mirror. I suggest you and your friends to either stay away or give lawful opinions. No marketing and no declaring other defences as lousy. Read that article, it has been viewed by 1.82 Lacs people, it will improve your knowledge.