2007 (6) TMI 581 - HC - Indian Laws

Summary

In the case before the Karnataka High Court, presided over by Justice V.G. Sabhahit, the appeal was filed by the complainant against the judgment of acquittal dated August 5, 2006, by the JMFC, Dharwad in CC No. 483/2003. The appellant's counsel argued that P.W. 1, a Director of the complainant company, was authorized to testify on its behalf, and the trial court erred in concluding that P.W. 1 lacked such authority and in finding that the complainant failed to establish the elements of Section 138 of the Negotiable Instruments Act.Upon review, the High Court noted the absence of documentary evidence proving P.W. 1's directorship and authorization to represent the company. The trial court's decision was deemed justified as no company resolution or Articles of Association were presented to substantiate P.W. 1's authority. Consequently, the High Court found no reason to interfere with the trial court's acquittal. However, it clarified that the acquittal based on P.W. 1's lack of authorization does not prevent the appellant from pursuing other legal remedies, as other issues were not addressed in confirming the trial court's decision. The appeal was disposed of with these observations.