Legal Question in Criminal Law in Colorado

Appearance of complainant before the court in a criminal case

Sir/Madam,

We have a land agreement with some one and paid 10 lakhs through bank cheques. Even after frequent communications they didn't come forward to register the land. Now they registered the land in the name of Mr:Ramnaik's daughters. Mr:Ramnaik was a witness in our agreement too. He colluded with owners and got this benami registration. I wanted to file a criminal case in the court against them. Someone is saying it is mandatory to present myself in the court to complain. I am an NRI and it is not worth flying to file the case. Are there any exceptions to allow a Power Of Attorney to petition and represent the case on behalf of me?

1. Is it mandatory to appear in this type of case to appear? If not, can you please refer a used case?

2. Is it mandatory to appear for every hearing?

3. Can we ask for the exemption to appear only at the time of hearing rather at the time of filing the case?

4. Any other suggestions?

5. I know that a civil case can be made but I also want to file a criminal case since he cheated us.


Asked on 11/11/08, 3:29 pm

6 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Appearance of complainant before the court in a criminal case

You may both your remedies - civl and criminal - without personally appearing.

The criminal case can be instituted by informing the police by post and by pursuing the authorities via e-mail/letters/phone-calls.

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Answered on 11/12/08, 10:24 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Appearance of complainant before the court in a criminal case

it is advisable that you file the case and come once for the registration of f.i.r. to india and after that an application for permanent exemption may be moved before the court concerned. you can file the complaint u/s 420,468,471 r/w sec. 120B of indian penal code. this matter pertains to which state in india? you may send in more details of the case at [email protected] or call at +91 9811284735..

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Answered on 11/12/08, 1:33 am
Advocate Siva Subramanian M/s. R. Siva Subramanian

Re: Appearance of complainant before the court in a criminal case

Dear Sir,

My suggestions are :-

(1) You can lodge a criminal complaint against the owner of the property (The identity of the property must be clearly mentioned in the said agreement) for cheating;

(2) You can go for civil case to 'set aside' the sale;

For filing criminal complaint as well as for filing the civil case your presence is not necessary. You can execute a special 'General Power of Attorney' and get it endorsed by your Indian Embassy official at the country of your current residence. If you need any further clarification email me [email protected]

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Answered on 11/12/08, 2:58 am
Sunil Goel S.G. SOLICITORS

Re: Appearance of complainant before the court in a criminal case

The presence of Complainant is must for pursuing a criminal Complaint in the Court. However, this does not necessarily means his physical presence. In appropriate case, the Complainant can authorise his Power of Attorney to sign, file and pursue the criminal complaint on his behalf. However, if the PoA holder is not aware of any facts and only the complainant is aware of the facts, then for evidence, the complainant will have to come. Recently, there was a case decided by Supreme Court of India in these terms.

Though it is mandatory for the complainant to come for every hearing, however in appropriate cases, the Court can exempt the complainant from appearence.

Sunil Goel,advocate

New Delhi 09810215488 For more information on such things, you may kindly refer to my Book "COURTS POLICE AUTHORITIES & COMMON MAN" at my website www.sunilgoel.org

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Answered on 11/12/08, 4:22 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Appearance of complainant before the court in a criminal case

No you can give a POA to someone and you can file civil and criminal case. The Criminal case will be against Sec 420 IPC.

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Answered on 11/12/08, 6:17 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Appearance of complainant before the court in a criminal case

In a private complaint filed in the court, presence of complainant is generally necessary for presenting the complaint and even on subsequent dates.

However, complaint pertaining to cheating and other allied offences can be filed by anybody conversant with the fact and in such complaint you could be a witness.

About merits or otherwise of the case, you need to consult your lawyer with all the details and documents.

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Answered on 11/12/08, 6:23 am


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