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1999 Supreme(P&H) 333
PUNJAB AND HARYANA HIGH COURT
R.L. Anand, J.
Pritam Singh - Petitioner
Versus
Daljit Singh Sikri - Respondent
Criminal Misc. No. 35092-M of 1999.
Decided On : 31 March, 1999
The interpretation of the authorization to file a complaint under section 138 of the Negotiable Instruments Act is valid if done by an authorized person.
Headnote:
Authorization - Filing of Complaint - Interpretation of Section 138 of the Negotiable Instruments Act
Fact of the Case:
The respondent argued that the complaint was filed by an authorized person under section 138 of the Negotiable Instruments Act.
Finding of the Court:
The court found that the complaint had been filed in the name of the company through the authorized person, and therefore, no wrong could be found in the filing of the complaint.
Issues: Authorization to file complaint under section 138 of the Negotiable Instruments Act
Ratio Decidendi: The court interpreted the authorization given to the manager of the company to file the complaint under section 138 of the Negotiable Instruments Act and found it to be valid.
Final Decision: The petition was dismissed, with the observation that the petitioner could raise the same pleas before the trial court.
ORDER
R.L. Anand, J. - Crl. Misc. is allowed as prayed for.
2. Heard.
3. Counsel for the respondent has invited my attention to Annexure R-1 which authorised Daljit Singh Sikri, Manager of the company, to sign, verify the pleadings, complainants (complaints), petitions, applications, replications, written statements, etc. A reading of the complaint, Annexure P-1 would also show that, in fact, the complaint has been filed in the name of the company through Daljit Singh Sikri. Since Daljit Singh Sikri has been authorised to file the complaint under section 138 of the Negotiable Instruments Act, therefore, no wrong can be found in the filing of the complainant (complaint) as such.
4. In this view of the matter, I do not see any merit in this petition and the same is hereby dismissed with the observations that it will always be open to the petitioner to take all the pleas which have been taken up in the present petition before the trial court.
Petition dismissed.
