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2001 Supreme(Mad) 78

M.KARPAGAVINAYAGAM
S. Sankaran – Appellant
Versus
Emkay Aromatics Limited – Respondent


Appearing Advocates:P. Karl Marx, Advocate.

Judgment :-

M. KARPAGAVINAYAGAM, J.

The instant criminal original petition is to call for the records in C.C. No. 6541 of 1997 on the file of the 17th Metropolitan Magistrate, Saidapet, Madras, and quash the private complaint therein.

Though several points have been urged in the instant criminal original petition, learned counsel for the petitioner would stress the points which have been raised as additional grounds by filing Crl. M.P. No. 8444 of 2000. The grounds urged are as follows :

(i) Calendar Case No. 6541 of 1997 which was taken on the file by the learned 17th Metropolitan Magistrate, Saidapet, Chennai, is illegal inasmuch as the complaint has been filed by the respondent's managing director through his power of attorney agent, nevertheless the respondent-company has miserably failed to file the company resolution passed by the board of directors, if any, along with the aforesaid Calendar Case No. 6541 of 1997 in the year 1997.

(ii) The above Calendar Case No. 6541 of 1997 which has been represented by the managing director's power of attorney agent who has not at all been authorised by the company. Besides the managing director was also not authorised by any board resolution






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