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S.K.AGARWAL
Standard Chartered Bank – Appellant
Versus
Ravi Bhandari – Respondent


Advocates:
Counsel for the parties:
For the Petitioner:Mr. V.K. Shailendra, Advocate.
For the Respondent:Mr. D.P. Saxena, Advocate.

JUDGMENT (ORAL)

S.K. Agarwal, J.- This petition under Section 482 Cr.P.C. is directed against the order dated 9th December, 1997 passed by the Court of Ms. Indermeet Kaur Kochar,Addl. Sessions Judge, New Delhi dismissing revision of the petitioner and the order dated 15th March, 1997 passed by the Court of Metropolitan Magistrate dismissing the complaint under Section 138 of the Negotiable Instruments Act (for short "NI Act")

2. Facts in brief are that Ravi Bhandari, respondent No.1 issued a cheque dated 29th September, 1995 of Rs. 15.300/- drawn of Indian Overseas Bank. Defence Colony. New Delhi in favour of Standard Chartered Bank towards discharge of debts and other liabilities: on presentation of the same the cheque was dishonoured; the payment was not made despite service of notice; petitioner filed a complaint through one of its employees against the respondent under Section 138 NI Act. The complaint was dismissed by the trial court on the ground that the same was not filed by the duly authorised persons and that complaint could not be instituted without a resolution by the Board of Directors of the company. It was held:-

"Now case in hand the complainant is a company which is r














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