Makarand (Advocate) 12 April 2011
I have gone through the provisions of Company Law ..and various case laws on point of authorisation..
My point is whenever a case is filed by any Bank or Company the Court are now aquitting Accused on the ground of non proving of Authorisation ..My question is there is no defination of Complainant in Cr.p.c....nor in NI Act. Nor Company Act contemplates that If any criminal action is to be taken then resolutuion is necessary...
IS there any specific case Law on this point?.....
adv. rajeev ( rajoo ) (practicing advocate) 12 April 2011
resolution is must to represent the co., in the cases. I had contested the case on the ground of no resolution which was not produced by the complainant in NI Act. I think I had produced one ruling, right now I am not recollecting it, but I will post it.
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