I am a compainent and houner of a pvt ltd co. In 138 case i authosies staff for case prossidings and that staff leave from co. To another job , Than should Co. appoint onther staff to attend case , As compalament or not ,
Asked in Criminal Law from Delhi, Delhi
company has to pass board resolution appointing another employee to attend the cheque bouncing case , to furnish instructions to advocate . to give evidence , file affidavits etc .
1. You can pass board resolution in favour of another staff.
2. Execute POA as well in his favour to give evidence.
You should appoint another employee of the company as authorized representative of the company to replace the earlier authorized representative and attend the court for and on behalf of the company. When an authorized representative appointed to represent the company in the court ceases to be an employee of the company another employee can be appointed as authorized representative without any hassles.
You are a de facto complainant so you can employee a person as agent to followup your complaint. At any stage of proceeding before recording of evidence you can change him but after recording of his evidence you cannot change it. He is bound to appear wherever he be. Now he is bound to appear and you are bound to secure his attendance in court.
The complainant should authorize another employee to attend the court proceedings by submitting
a) Board resolution seeking the withdrawal of the previous employee as officer of the company from attending the court proceedings in this particular case.
b) Board resolution authorising the employee to represent the company in this particular case
c) An affidavit to the effect of withdrawal of previous employee.
d) An affidavit to the effect of another person as officer of the company to represent the company in this particular case.
Once these are done, the court may approve the changes and make relevant changes in plaint and suit register.
If the authorised of the company representing the company as a complainant is transferred, the company has to authorise another person as its representative to represent the company as a complainant in the cheque bounce case proceedings