9911796707
TMI Blog2008 (3) TMI 747X X X X Extracts X X X X X X X X Extracts X X X X ..... been taken on file in Calendar Case No.375 of 1995, wherein the present respondent has been shown as accused. 3.It is stated in the complaint that the complainant has been manufacturing tyres at Door No.82, Madurai-Aruppukottai Road and the same is being managed by its Assistant Area Manager by name Rajagopal. The said Rajagopal has been authorised to institute the present proceeding. The accused has been running a business under the name and style of Babu Tyres. From the year 1992 both the complainant and the accused are having business transactions. Under the said circumstances, the accused is bound to pay ₹ 4,34,043/- to the complainant and in order to discharge the same, the accused has given the cheque in question and the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal and consequently, set aside the conviction and sentence passed by the trial Court. Against the judgment passed by the first appellate Court, the present criminal appeal has been filed. 7.The learned counsel appearing for the appellant/complainant has contended with great vehemence that the Assistant Area Manager of the complainant has been delegated to institute the present proceeding and the first appellate Court has failed to consider the contention raised on the side of the complainant and erroneously set aside the conviction and sentence passed by the trial Court and therefore, the judgment passed by the first appellate Court is liable to be set aside. 8.In support of his contention, he has drawn the attention of the Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent criminal appeal deserves dismissal. 11.At this juncture, it would be more useful to look into Rule 174(3) of the Memorandum and Articles of Association of the complainant and the same reads as follows; Subject to Section 292 of the Act, the Directors from time to time, and at any time, may delegate to any person so appointed, any of the powers, authorities and discretions for the time being vested in the Directors other than the power to make calls or to make loans to borrow moneys and may authorise the members for the time being of any such local Board, or any of them, to fill up any vacancies therein, and to act notwithstanding vacancies; and any such appointment or delegation may be made on such terms and subject to such condi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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