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1999 Supreme(SC) 1472

K.T.THOMAS, M.B.SHAH
Samrat Shipping Company Private LTD. – Appellant
Versus
Dolly George – Respondent


( 1 ) LEAVE granted.

( 2 ) THE appellant-company has filed a complaint before a Magistrate court for offence under Sec. 138 of the Negotiable instruments Act. The Magistrate dismissed the complaint on the ground that there was no resolution of the Board of directors of the petitioner-company authorising the person who represented the company before the Magistrate court. Though appellant preferred a revision before the Sessions court that became futile and he moved the High court invoking sec. 482 of the Code of Criminal Procedure. Learned Single Judge dismissed the petition of the appellant in spite of the fact that appellant produced a copy of the resolution for showing that the Company had authorised the particular individual to present the complaint before the court. The High court while dismissing the petition observed thus: "having heard the parties counsel and after going through the record it appears that the resolution which has been filed on record of this court is not certified by any person at page 13. If it is uncertified copy, how far it could be taken to be a correct and true copy. But nobody is inclined to take responsibility about its correctness. It is a matter of

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