9911796707
TMI Blog2002 (5) TMI 870X X X X Extracts X X X X X X X X Extracts X X X X ..... signatures of the petitioners issued to the respondent-Bangalore District and Bangalore Rural District Co-operative Central Bank Limited, Bangalore, came to be dishonoured with an endorsement - insufficient funds. As such, the payee of the cheque (respondent), after complying with the requirements of issue of notice for settlement, lodged a complaint under Section 200 of the Cr. P.C. against the petitioners seeking prosecution for an offence punishable under Section 138 of the Negotiable Instruments Act. The learned Magistrate after taking the cognizance, recorded the sworn statement of one Sri V. Thyagaraja, Manager of the payee-Bank and by the order dated 22-1-2000, issued process against the petitioners. 3. Challenging the action of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontended that no doubt under the bye-laws of the respondent-Bank and the authorisation, it is the Managing Director who is authorised to file the complaint. But, since the Managing Director himself has authorised the present Manager, Sri V. Thyagaraja by an authorisation letter dated 19-11-1999 to file the complaint, there is no illegality in filing of the complaint. In this regard, he has relied upon the decision of this Court in the case of P.A. Verghese v. MAA Communications Private Limited, Bangalore. 7. I have heard the learned Counsels in detail and perused the records of the case as well as the decisions relied upon by both the sides. 8. It is to be noted that the word 'complainant' is not defined in the Criminal Proced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty. Under the explanation, the word 'Company' has been defined as any body corporate and includes a firm or other association of individuals . Thus, from reading of a Section 141 of the Act, so far as firm or company or corporate body is concerned, a person who was in charge or who was responsible of the company shall be deemed to be guilty of the offence. 9. On the basis of the Section 141 of the Act though it contemplates a case where a company is an accused, apply ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atish and Company and M/s. Ruby Leather Exports, supra. In the instant case, no doubt, authorisation as per the complaint is to the Managing Director of the Bank. It is also not in dispute that the Managing Director himself has authorised the Branch Manager by the authorisation letter dated 19-11-1999 to file the complaint and thus both the Manager and the Managing Director who are responsible, are answerable to the company, are persons who can file such complaint. The learned Sessions Judge has taken into consideration this aspect and the law laid down in this regard. Since I am in agreement with the conclusion arrived at by the learned Judge, I find no merits in the contentions of the learned Counsel for the petitioner that the complaint ..... X X X X Extracts X X X X X X X X Extracts X X X X
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