Negotiable Instruments Act, 1881; S.138 ---- Complaint petition was filed by Shri V. Shankar claimed to be General Power of Attorney holder of the Complainant company ----- Subsequently PW 1 Shri...
Read MoreNegotiable Instruments Act, 1881; S.138 ---- Complaint petition was filed by Shri V. Shankar claimed to be General Power of Attorney holder of the Complainant company ----- Subsequently PW 1 Shri Ravinder Singh gave the evidence on behalf of the Company under the General Power of Attorney given by the Complainant Company ------ The Complaint was not signed either by the Managing Director or Director of the Company ----- It is also not in dispute that PW 1 is only the employee of the Company ----- As per Resolution of the Company Managing Director and Director are authorized to file suits and criminal complaints against the debtors for recovery of money and for prosecution ------ Under third part of the said resolution they were authorized to appoint or nominate any other person to appear on their behalf in the Court and engage lawyer etc ------ But nothing on record suggest that an employee is empowered to file the complaint on behalf of the Company ------ Managing Director and Director are authorized persons of the Company to file the complaint by signing and by giving evidence ----- At best the said persons can nominate any person to represent themselves or the Company before the Court ------ In the present case one Shri Shankar Prasad employee of the Company signed the complaint and the Deputy General Manager of the Company i.e. PW-1 gave evidence as if he knows everything though he does not know anything ------ There is nothing on the record to suggest that he was authorized by the Managing Director or any Director ------ Acquittal of the Accused confirmed.
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