TMI Blog2002 (5) TMI 887X X X X Extracts X X X X X X X X Extracts X X X X ..... ctions 82/83 Cr. P.C. in the complaint filed by respondent No. 1 (Deepak Gupta) against them and others, under Section 138 of the Negotiable Instruments Act (for short NI Act ) read with Section 420 of Indian Penal Code. 2. Facts in brief are that respondent No. 1 (Deepak Gupta) filed a complaint against the petitioner, Mrs. Indu Dalmiya (Chairperson), N.P. Jalan and Pardeep Shukla (Directors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... previous date i.e. 26.8.2000 before this Court. I have carefully perused the entire material on record. The name of S.C. Mittal does not figure in the list of accused persons mentioned in the complaint. The legal notices issued to the accused also does not show this man i.e., as the Authorised representative. He has not filed any documentary proof on record to show that he is in fact authorised r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2/83 Cr.P.C. against the petitioner company could not be initiated; the petitioner is a company and that they have always been ready and willing to compensate the complainant towards the amount of the cheque along with any reasonable rate of interest, without prejudice to their rights and contentions. This apart, proclamation for any person absconding can be issued if the Court has the reasons to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Constitution of India. It appears that while issuing process under Sections 82/83 Cr.P.C., the Court did not even notice the report on the warrant. The impugned order issuing proclamation against the petitioner, on the face of it is not sustainable. For the foregoing reasons, the order dated 17th May, 2001, initiating proceedings under Sections 82/83 Cr.P.C. against petitioner (M/s. Dal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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