• IPC 138 complainant change staff in mid of proceedings

I am a business man. I am the respondent (IPC 138). The case is still under progress and the complainant wants to change his staff when the proceedings are being recorded, complainant says "Staff has left our organisation".
Is there any rule which can stop him from doing so?
Asked in Criminal Law from New Delhi, Delhi
Religion: Hindu
There is none. The complaint may have been filed through an employee of the company, whose termination or resignation does not fracture the right of the complainant to appoint another employee as his representative to continue the case. 
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

no, there is no rule and law but if the complainant file a list of witnesses then as per the list the complainant have to file evidence of those witnesses and if court allow the accused to cross the witnesses then accused can cross examine them.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3968 Answers
158 Consultations

4.9 on 5.0

Hi, technically you cannot challenge the change of staff. However you can cite previous enmity, hatred and personal vendetta against the newly appointed person. You can also say these are delaying tactics or diversionary tactics adopted by complainant and ask the court to bring on record the previous staff member as he has sworn in his affidavit and cannot recuse himself now.
Rajgopalan Sripathi
Advocate, Hyderabad
995 Answers
73 Consultations

5.0 on 5.0

1)Authorization afresh valid – authorization -need for substitution to represent company – filing of complaint - authorised resigning from company – company can be represented by person authorized afresh. 1997 (2) CTC 675.

2) In AIR 2002 SC 182, the Honble Supreme Court held that “Section 142 of the Negotiable Instruments Act provides that a complaint under Section 138 can be made by the payee or the holder in due course of the said cheque. 
Ajay Sethi
Advocate, Mumbai
28387 Answers
1541 Consultations

5.0 on 5.0

I am a business man. I am the respondent (IPC 138). The case is still under progress and the complainant wants to change his staff when the proceedings are being recorded, complainant says "Staff has left our organisation".
Is there any rule which can stop him from doing so?

The complainant organisation wants to change their authorised representative for the valid reasons.  They can very well change their representative by authorising a new one, there is no legal infirmity in it. 
T Kalaiselvan
Advocate, Vellore
18585 Answers
175 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
18585 Answers
175 Consultations

5.0 on 5.0

Krishna Kishore Ganguly
Advocate, Kolkata
13901 Answers
308 Consultations

5.0 on 5.0

Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

Devajyoti Barman
Advocate, Kolkata
7253 Answers
81 Consultations

4.9 on 5.0

Nadeem Qureshi
Advocate, New Delhi
3968 Answers
158 Consultations

4.9 on 5.0

Shivendra Pratap Singh
Advocate, Lucknow
3303 Answers
51 Consultations

4.9 on 5.0

Rajgopalan Sripathi
Advocate, Hyderabad
995 Answers
73 Consultations

5.0 on 5.0

Ajay N S
Advocate, Ernakulam
2068 Answers
24 Consultations

5.0 on 5.0

Kiran N. Murthy
Advocate, Bangalore
829 Answers
62 Consultations

5.0 on 5.0

Thresiamma G. Mathew
Advocate, Mumbai
1380 Answers
102 Consultations

5.0 on 5.0