SHORT NOTE
ANDHRA PRADESH HIGH COURT
C. Praveen Kumar, J.
Duncan Industries Ltd. —Appellant
versus
T.G. Srinivas and Anr. —Respondent
Criminal Appeal No.737 of 2006
Decided on 31.7.2014

IMPORTANT POINT:
Complaint filed by a person not duly authorized to file complaint, cannot be allowed to stand.

Headnote:Negotiable Instruments Act, 1881—Sections 138 and 142—Criminal Procedure Code, 1973—Section 378(4)—Dishonour of cheque—Acquittal by lower appellate court—Company can be represented by an employee or even by a non-employee authorized and empowered to represent company either by resolution or by a power of attorney—No resolution of Board is placed on record to show that complainant was authorized by Board to file complaint—Complaint was filed by a person not duly authorized to file complaint—Appellate Court has rightly acquitted accused—Appeal dismissed.

       Held: As observed earlier, a company can be represented by an employee or even by a non-employee authorized and empowered to represent the company either by resolution or by a power of attorney. No resolution of the Board is placed on record to show that the said G.Bala Krishna was authorized by the Board to file this complaint or that P.R.Neelakjntam was given authority to delegate the power to G.Bala Krishna to file a complaint. Under those circumstances it can safely be held that the complaint was filed by a person not duly authorized to file the complaint and the trial (sic appellate) Court has rightly acquitted the accused. In view of the above finding, it may not be necessary for this Court to go into other aspects of the matter namely with regard to issuance of notice and the existence of a legally enforceable debt. For the aforesaid reasons, I am of the view that there are no merits in the appeal and the same is liable to be dismissed. Accordingly, the appeal dismissed.

       Result: Appeal dismissed.