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2024 (6) TMI 1037 - HC - Indian LawsIssues Involved: The judgment involves an appeal against the acquittal in cases related to Section 138 of the Negotiable Instruments Act, 1881. Details of the Judgment: Issue 1: Filing of Complaints by Branch Manager The appellant-complainant, a Government undertaking, filed complaints against the respondent for dishonored cheques. The Branch Manager filed the complaints in January 1995, but the power of attorney authorizing him was executed later in June 1995. The Court found that the Branch Manager lacked the authority to file the complaints at the time, as there was no prior authorization in place. The absence of retrospective ratification in the power of attorney led to the acquittal of the respondent. Issue 2: Authorization to File Complaint The counsel for the appellant argued that the respondent admitted to issuing the cheques and being present when the demand notice was served. However, the Court emphasized the importance of proper authorization for filing complaints under Section 138 of the NI Act. It highlighted the need for complaints to be instituted in the name of the payee or holder of the cheque, with authorized representation for companies. Issue 3: Appellate Review of Acquittal The judgment discussed the appellate court's power to review orders of acquittal. Citing legal principles, it emphasized that there should be substantial reasons to interfere with a trial court's acquittal decision. The Court referred to previous cases and highlighted the double presumption of innocence in favor of the accused post-acquittal. It noted that if two reasonable conclusions are possible based on evidence, the appellate court should not disturb the acquittal. Conclusion: After considering the arguments and legal principles, the Court found no perversity in the judgment of acquittal by the Additional Sessions Judge. Consequently, the appeals were dismissed for lack of merit, and any pending applications were disposed of accordingly.
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