• 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 10 months ago 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
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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.

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Nadeem Qureshi
Advocate, New Delhi
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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
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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
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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
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127 Consultations
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