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2021 (11) TMI 648 - HC - Indian LawsDishonor of Cheque - respondent accused was acquitted principally on the ground that the company was not properly represented before the court and also on the ground that the complaint could not have been maintained at Kayamkulam - HELD THAT:- It is settled law that in so far as a company is concerned, it is a distinct juristic personality and it can be represented by persons who may be authorised terms of provisions contained in the Articles of Association of the company or in terms of a resolution duly passed by the Board of Directors of the Company. It is clear from a reading of the impugned judgment that the person who executed the power of attorney was not described in any manner to be the person authorised either by the Articles of Association of the company or by a valid resolution to represent the company. The judgment of this Court in BASHEER M.K. VERSUS STATE OF KERALA AND ORS. [2015 (11) TMI 1853 - KERALA HIGH COURT] also takes the view (though in slightly facts and circumstances) that the power of attorney holder has to clearly establish the delegation of authority to represent the company. The power of attorney holder representing the company in the proceedings before the court below had failed to establish that he was duly authorised to represent the company. This is because the person who executed the power of attorney himself did not disclose any authority given either by the Articles of Association of the company or by resolution of the company to represent the company - Appeal dismissed.
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