negotiable instrument
susanth nair s
(Querist) 27 November 2008
This query is : Resolved
respected seniors i am briefly stating facts of a 138case in which i am appearing for the accused. accusedtook a loan from the complainant bank and issed a cheque in the name of the bank. in default of payment of loanamount bank send the cheque for collection and get it dishonoured and hence the complaint.now complaint was filed by the manager but decision to file complaint was taken in a meeting of the board of directors of the bank but no letter authorising the manager to file complaintwasproduced.whether the complaint is maintainable.kindly provide any highcourt or s.c. judgement favourable to the accused. thankyou
A. A. JOSE
(Expert) 27 November 2008
If authorisation or delegation of power empowering the Manager to file complaint is produced at this stage also, there would not be any impediment in maintaining the complaint please.
Pawan Mittal
(Expert) 27 November 2008
Correct. this can be presented at any stage.
J K Agrawal
(Expert) 14 December 2008
A criminal complaint can be filed by 'any person' and a complaint under section 138 can be filed by 'any holder of cheque in due course' so i think a manager is holder of cheque and he need not to get any permission even from board of the Bank. You should try some other defense.
