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Can son attend court hearing regarding 138 case on behalf of father?
29-Mar-2023 (In Criminal Law)
Sir / madam,. My father has filed criminal case -cheque bounce case along with 420 case but due to his old age he is unable to regularly attend court. So (as his son )can I attend all court proceedings under my father's GPA ?
Yes definitely.. On following basis:-
“(i) Filing of complaint petition under Section 138 of N.I Act through power of attorney is perfectly legal and competent.
(ii) The Power of Attorney holder can depose and verify on oath before the Court in order to prove the contents of the complaint. However, the power of attorney holder must have witnessed the transaction as an agent of the Payee/holder in due course or possess due knowledge regarding the said transactions.
(iii) It is required by the complainant to make specific assertion as to the knowledge of the power of attorney holder in the said transaction explicitly in the complaint and the power of attorney holder who has no knowledge regarding the transactions cannot be examined as a witness in the case.
“(i) Filing of complaint petition under Section 138 of N.I Act through power of attorney is perfectly legal and competent.
(ii) The Power of Attorney holder can depose and verify on oath before the Court in order to prove the contents of the complaint. However, the power of attorney holder must have witnessed the transaction as an agent of the Payee/holder in due course or possess due knowledge regarding the said transactions.
(iii) It is required by the complainant to make specific assertion as to the knowledge of the power of attorney holder in the said transaction explicitly in the complaint and the power of attorney holder who has no knowledge regarding the transactions cannot be examined as a witness in the case.
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Adv. Shivaprasad Gaonkar
Mysore | 25+ Answers
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What is the best excuse for missing court?
You have a health or family emergency
You can argue your case before the judge if youre in hospital or unable to attend the hearing due to a cold.
What happens when the accused misses 3 hearing?
Warrant of arrest: The court can issue an arrest warrant if the accused does not appear before the court for no valid reason. The police may execute the warrant and take the accused into custody before presenting them to the court. 28 April 2023
How do I write a letter to not attend court?
Extenuating circumstances may force you to miss the court. You may be unable to attend court due to urgent medical issues or a recent family death. Try to keep your message short.
Any authorized person can represent cheque bounce case on behalf of the complainant by authorisation letter or general power of attorney as per law and principle laidowm by the Supreme Court of India in many cases
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Adv. Santosh R Kolkar
Belgaum | 100+ Answers
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S u can attend but ur father has to execute gpa in favour of you and tht gpa should be notorized and U have to show ur fathers age proof and any medical ailments certificates to the court. But the reason should be on bonafide in nature and also u should be well aware of the facts and circumstances of the case and u should be able to answer all legal questions asked by other side counsel.
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Adv. Kiran
Bangalore | 25+ Answers
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