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2018 (9) TMI 667 - HC - Indian LawsDishonor of Cheque due to insufficiency of funds - Offence under Section 138 of the Negotiable Instrument Act - Maintainability of Complaint - Jurisdiction - delegation of power - Managing Director has given powers to the Accounts Manager to file the present complaint. Held that:- In the present case on hand, the power delegated to its Managing Director by its Board of resolution has been sub-delegated to the Accounts Manager of the company through the power of attorney to file complaint on behalf of the company - It is clear that in the case on hand, the Managing Director has given powers to the Accounts Manager to file the present complaint. The Managing Director is the delegate of the Board of Directors and he is nothing but a delegate and as per the Board resolution, he cannot delegate his power or duty in favour of the Accounts Manager. Therefore, the present complaint is not legally maintainable. Also, it is clear that the accused were not partners of the said firm and as such, they are not liable to be prosecuted on behalf of the partnership firm of S.S.Agency. The relief sought for in the petitioiner can very well be maintained by exercising the inherent jurisdiction of this Court under Section 482 of Cr.P.C. Though it is not proper for this Court to consider the defence of the accused or conduct a roving enquiry in respect of merits of the accusation, but if on the face of the document which is beyond suspicion or doubt, placed on record by the accused and if it is considered that the acusation against the petitiners cannot stand, in such a matter, in order to prevent injustice or abuse of process, it is incumbent on this Court to look into those documents, which have a bearing on the matter even at the initial stage and grant relief to the persons concerned by exercising jurisdiction under Section 482 of Cr.P.C. Petition allowed.
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