file complaint under 138 NIA act


Payee or holder in due course is a competent person to file complaint. Complaint must be by corporal person capable of making physical appearance in court. In case of company and firm natural person should represent it. Complaint can be filed by Power of Attorney Holder. It is not requirement that the person whose statement was taken on oath at the first instance should alone represent the company till the proceeding have ended. Even if the person sent earlier had no authority, the company can at subsequent stage send a person competent to represent the company.

( Associated Cement Company Ltd. vs. Keshavanand (1998) 91 company cases 3619 SC. )

It is further observed in the above case that a complaint which is made in the name and behalf of company can be made by any officer of that company and the section does not require that complaint must be signed and presented only by authorized agent or a person empowered under the Articles of association or by any resolution of the Board of Directors.

In M/s Capital Leasing and Finance Co. Vs. Navrattan Jain, 2005(4) RCR (Criminal) 331 (P&H) it was held by Hon’ble High Court that even an unregistered partnership firm can file a complaint under Section 138 of the Act.

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