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2018 Supreme(HP) 277

SANDEEP SHARMA
Mohan Meakin Limited – Appellant
Versus
Spirit and Beverages L-1 – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. K.D. Sood, Senior Advocate with Mr. Rajnish K. Lal, Advocate.
For the Respondent:Mr. Sudhir Thakur, Advocate.

JUDGMENT :

Sandeep Sharma, J.

Instant criminal appeal is directed against judgment dated 18.5.2015, passed by the learned Judicial Magistrate 1st Class, Solan in Criminal Complaint No. 863/3 of 2011/05, whereby complaint under Section 138 of the Negotiable Instruments Act (hereinafter, ‘Act’) having been filed by the appellant-complainant (hereinafter, ‘complainant’), came to be dismissed.

2. Necessary facts, shorn of unnecessary details as emerge from record are that the complainant filed a complaint under Section 138 of the Act, averring therein that the complainant is a Company duly incorporated and registered under the Companies Act, 1956 with the Registrar of Companies vide Registration No. 06-00135 dated 2.10.1934. Complainant further averred that the Board of Directors of the Company in its meeting held on 29.9.1979, passed a Resolution No. 9, resolving therein to execute Power of Attorney in favour of Shri H.N. Handa, Secretary of the Company to perform and execute all the acts, deeds, things and matters with regard to the business of the company. A General Power of Attorney was executed on 25.3.1980 in favour of Shri H.N. Handa, who was further authorized vide clause No. 22 o


















































































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