Heard counsel on both sides. The petitioner a company incorporated under the Companies Act - filed a complaint under S.142 of the Negotiable Instruments Act against the respondent before the Chief Judicial Magistrate Court. Ernakulam. The complainant was described in the complaint as "C.B.S. Grama phone Records and Tapes (India) Limited. Mullassery Canal Road. Ernakulam. Cochin-11 represented by its Accounts Officer. N.K. Krishnan. S/o. N.S. Krishna Iyer. aged 23 years". The said complaint was filed on 15-3-1991. On the same day the learned Magistrate returned the complaint passing an order to the effect that "the complainant is neither the payee nor the holder in due course. Hence returned". What is challenged in the Criminal Revision Petition is the said order passed by the learned Magistrate.

2. Along with the complaint the petitioner company has filed the dishonoured cheque and a certified true copy of the Board Resolution passed at the Board Meeting of the company held on Monday. September 3.1990. The resolution purports to authorise Shri. N.K. Krishnan. Accounts Officer. Ernakulam Sales Office to sign necessary papers. documents and to instruct. act and appear befo