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TMI Blog2007 (6) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... er Kumarlal against the Judgment in C.C.No.1375 of 1995 on the file of Judicial Magistrate NO.V,Coimbatore. 2. The short facts of the complaint in both C.C.Nos.1377 of 1995 and 1375 of 1995 are that the complainant viz., M/s Haryana State Cooperative Supply and Marketing Federation Ltd., indulged in supply of cotton bales and that accused had purchased cotton bales from the complainant to a value of Rs.30.45,602/- and to discharge the same, issued two cheques on 16.1.1995 for Rs.5,00,000/- and another cheque dated 20.1.1995 for Rs.5,00,000/-. When those two cheques were presented to the bank, the same were returned with an endorsement "for want of sufficient funds" on 17.4.1995. A lawyer's notice was sent by the complainant o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive complaints. P.W.2 is the Manager of Punjab National Bank, Coimbatore wherein the complainant is having his account. P.W.3 is the Manager of Canara Bank, Coimbatore wherein the accused is having his account. 4b. Exs P5,P6, impugned cheques (in both the cases) were presented for encashment to the Canara Bank, Coimbatore branch through Punjab National Bank, Coimbatore, all the four cheques were returned with an endorsement that the accused has no sufficient funds. After issuing statutory notice under Section 138 (a) of the Negotiable Instruments Act 1881, under the original of ExP8, (both the cases), the complainant had preferred the complaint, since the accused had failed to send neither reply nor chosen to pay the cheque amount. 5. Whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent would contend that as per Bye-laws Ex.D.1 Rule 27(xviii) of the complainant, the Managing Director is competent to "sue and be sued in the name and on behalf of the Federation" and not the complainant Devender Kumarlal and it is in nowhere stated in the bye-laws, the Managing Director himself can relegate his power conferred under Rule 27 (xviii) to anyone else, unless the Board of Directors by way of resolution authorised the Managing Director to relegate to someone his power conferred under Rule 27(xviii) of the Bye-laws. A combined reading of Rules 24, 25 and 26 of the Bye-laws, Ex D1 will go to show that the Managing Director is one of the members of the Executive Committee and under Rule 25 (xiv) the Executive Committee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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