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DELHI HIGH COURT
POONAM A.BAMBA
Sanjay Shandilya – Appellant
Versus
the State (Govt. of NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. petition seeks setting aside of dismissal order. (Para 1 , 2) |
| 2. petitioners argue against authority of spa holder. (Para 3) |
| 3. respondent defends validity of complaint. (Para 4) |
| 4. court reviews the impugned order. (Para 5 , 6) |
| 5. court emphasizes jurisdiction and authority in actions. (Para 7) |
| 6. petition dismissed; no interference with order. (Para 8 , 9 , 10) |
JUDGMENT
1. --Vide this petition filed u/S. 482 of Code of Criminal Procedure, 1973 (`Cr.PC' in short), the petitioners have sought:
(i) setting aside of order dated 29.04.2022 (`impugned order' in short), passed by Ld. MM (N.I. Act)-01, SW/DWK/ND in C.C. No. 44350/2019 (`complaint' in short), titled as Kawaljeet Singh Duggal vs. C.P. Systems Pvt. Ltd. & Ors., whereby the petitioner's application under section 322 Cr.PC was dismissed; and
(ii) dropping of the proceedings against the petitioners under section 138 of Negotiable Instruments Act (`N.I.Act' in short) in the aforesaid complaint.
2. Briefly stating, the facts relevant for disposal of this petition are that:
(i) Kawaljeet Singh Duggal/respondent no. 2 herein through his Special Power of Attorney (`SPA' in short)/Authorized Representative Sh. Sanjeev
The main legal point established in the judgment is that the SPA holder had the authority to prosecute the petitioners as directors of the company under section 138 N.I. Act, and the Ld. MM had juris....
Authorization for filing complaints under the N.I. Act is a curable defect; a company acts through its Board of Directors, and post-initiation ratification is permissible.
: Dishonour of cheque – In a case where complainant is a company, an authorized employee can represent the company – Once averment to this effect is made in complaint, it is sufficient for Magistrate....
Compliance under Sec. 202 of the Code of Criminal Procedure, when the accused is residing beyond the jurisdiction of the Magistrate, is mandatory.
A complaint under Section 138 of the Negotiable Instruments Act can be filed through a power of attorney, but the holder must demonstrate personal knowledge of the transaction, a requirement which ma....
The main legal point established in the judgment is the requirement for the complaint to be in the name of the payee and the authorization of the person representing the company in proceedings under ....
(1) Dishonour of cheque – When, complainant/payee is a company, an authorized employee can represent company.(2) Dishonour of cheque – Dismissal of a complaint at threshold by Magistrate on question ....
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