Manju Goel J— This is a revision petition under Sections 397/401 read with Section 482 Code of Criminal Procedure against the Order dated 18.1.2003 by Shri Yogesh Khanna, ASJ dismissing the application for discharge filed by the petitioner.

2. The learned counsel for the petitioner raises two points. The first point is that the complaint under Section 138 of the Negotiable Instruments Act, in which the impugned Order was passed, was filed by an attorney on the behalf of the respondent company, namely, M/s Winter Misra Diamond Tools Ltd., but no resolution has actually been placed on the record evincing the decision of the company to appoint the attorney or to file the compliant. Secondly it is submitted that in respect of the three cheques, namely dated 28.2.1996,15.3.1996 and31‘.3.1996, the complaint was barred by limitation prescribed by Section 138 of the Negotiable Instruments Act.

3. So far as the first contention is concerned, the power of attorney admittedly mentions that it was granted pursuant to a resolution. It will be a matter of trial as to whether actually a resolution was passed. The second contention is about limitation. Three letters were written by the respo