JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present revision has been preferred praying for quashing of the proceeding in complaint case no. 24862 of 2013, pending before the Metropolitan Magistrate, 8th Court, at Calcutta.

2. The petitioners’ case is that the petitioner no.1 is the Company and Petitioner no. 2 is the Director of the company and both were made as accused no.1 and 3 in Complaint Case No. 24862 of 2013, initiated on the alleged violation of Section 138 of the Negotiable Instrument Act, 1881, presently pending before the Metropolitan Magistrate, 8th Court at Calcutta.

3. The WBIDC Ltd. as complainant, filed the case through Sri Gautam Chakrabarty claiming to be an Officer of the Law Department of WBIDC Ltd.

4. The Petitioners’ state and submit that the Complaint on behalf of WBIDC Ltd. was signed by Sri Gautam Chakraborty, in his capacity as Senior Assistant (Law), and also pleaded that he is empowered by the Complainant Company on the basis of a Board Resolution. The Petitioners state that no Copy of the Resolution by the Board of the Complainant Company was filed along with the Complaint to show or prove that Sri Gautam Chakraborty is authorized to sign the Compla