2000 (10) TMI 968

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..... on on behalf of the company on whose behalf the complaints are said to have been filed. 2. As similar questions arise in both the criminal petitions, they are clubbed together and are being disposed of by a common order. 3. In the above cases, complaints for the offences under Sections 138 of the Negotiable Instruments act have been filed on behalf of the Bankcard Customer Service Centre by one Mr. Vijaya Bhaskar Reddy described as Assistant Manager, Collections. As per the complaints, the complainant is a multi national bank incorporated in England with limited liability by Royal Charter 1853 with its principal office at London. It has several branch offices in India including the one at Madras. The relevant service center of the sai .....

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..... lution of the Board of Directors or under the Memorandum of Association or the Rules governing the Bank to confer the powers of instituting criminal prosecution against any one on behalf of the company. No material has been placed before the court to show the source of the authority of the said Mr. Irani to confer such powers on Mr. Vijaya Bhaskar Reddy. It is pertinent to mention here that no material is placed before this court in spite of the matter having undergone several adjournments. Thus, there is no material to show that Mr. Vijaya Bhaskar Reddy who has filed the complaint on behalf of the Standard Chartered Bank was properly authorized to do so. 7. Conferment of proper authority on the person, who instituted criminal proceeding .....

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..... 9. In this case, the person who instituted the criminal proceedings, Mr. Vijaya Bhaskar reddy is said to have been authorized by one Mr. Irani to do soon behalf of the company. But, there is no material placed before the court as to what is the source of the authority of Mr. Irani to confer such powers on the said Vijayabhaskar Reddy. Under the circumstances, it appears manifest that the said Vijaya Bhaskar Reddy has no proper authority to institute the criminal proceedings on behalf of the Bank, namely, Standard Chartered Bank. 10. It is pertinent to note that under Section 142 of the Negotiable Instruments Act, the Court can take cognizance of any offence punishable under Section 138 of the Negotiable Instruments Act only upon the com .....

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