9911796707
TMI Blog2002 (5) TMI 871X X X X Extracts X X X X X X X X Extracts X X X X ..... ions Judge, New Delhi dismissing revision of the petitioner and the order dated 15th March, 1997 passed by the Court of Metropolitan Magistrate dismissing the complaint under Section 138 of the Negotiable Instruments Act (for short NI Act ). 2. Facts in brief are that Ravi Bhandari, respondent No. 1 issued a cheque dated 29th September, 1995 of ₹ 15,300/- drawn on Indian Overseas Bank, d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any squarely covers this point. There is no resolution averred in the complaint, nor deposed by CW1 Mathew Thomas through which a person derives power or authorisation to launch criminal prosecution against any person. In the absence of resolution passed by Board of Directors by complainant company, complainant Mathew Thomas has no power to prosecute the accused on behalf of complainant company. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ile and institute the criminal complaint; that the dismissal of the complaint by learned court below only on the ground that complainant was not a proper and authorised person, is not sustainable. 5. Law in this regard is now well settled. Anyone can set the criminal law in motion by filing the complaint constituting an offence. For the offences under NI Act only criteria prescribed by Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of Vishwa Mitter v. O.P. Poddar , held that it is clear that anyone can set the criminal law in motion by filing a complaint of facts constituting an offence before a Magistrate entitled to take cognizance. It has been held that no Court can decline to take cognizance on the sole ground that he complainant was not competent to file the complaint. It has been held that if any special statute pres ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
