Respected Experts

One company issued a notice u/s 138 NI Act with the signature of  " XYZ " having no authourity  to start legal proceedings.

Inspite of filing the copy of that notice to initiate proceeding in the court, The Company filed a copy which hold the signature of some other persion , who on the date of notice was not authrized to initiate legal proceeding , however he got authority from board on later date.

What to do with such a act  by which

(A) Legal proceedings initiated using a falls and forged notice .

(B) Legal proceedings initiated ( Notice to accused ) without having authority from board.

Regards

"what to do" by who? The Co.whose official has issued the notice, or by the person to whom the notice is served?

If X signs a letter/notice u/s 138 and serves the notice on someone (Y), without his having the authority to serve such notice on behalf of the Co, then either (1) the Co.can ratify this act by X at a board meeting on a subsequent date, if it feels serving the notice was right but X should not have done it, OR (2) it should serve a fresh notice signed by an authorised signatory.

On what Y can do on receiving such notice signed by X, I am not sure of so am not commenting. Pls note that as in (1) above, ratification by the board will correct/authenticate the mistake by X, and Y will not be able to contest that notice by X is void.

The Co.can initiate disciplinary proceedings against X, but that is another matter.

The Principal can always ratify the act done by an agent .Therefore, in the instant case , the Board can ratify the act done by Mr. X at a subsequent  Board Meeting.

if the notice is sent on behalf of the company, but signed by some unauhtorised person, then this is not at all Fatal for the case.

Dear Sir

Actually notice send to accused is different from notice Exhibitted in the court. is it legally OK.

If  notice is defferent than actually sent than it has no legal value and sufficient for aquital.

However notice sent by unauthorised person is a very fine point but rarely courts will listen to this objection.

Accused have many other defenses.

Complainant cannot put the different legal notice in the court. Immediate file an application for discharge, court may not have jurisdiction to discharge you but matter will be referred to higher court by the trial court itself.

Before that It will be in order to attach both the notices in this forum so that a concrete advise can be given

There is no provision for discharge or reference to higher court for defect in notice, if it is there mention the provision.

Once the trial court has issued process full trial has to be completed, pl read recent SC CITATION ABOUT ARUSHI MURDER CASE by supreme court posted by us yesterday in this section.

Thanks to all of you for making valuble discussion here ,  Is this a perfect case to file an application u/s 340 CrPC against the complainant.

Unfortunately Supreme Court has taken away the powers of Lower Court to discharge an accused on application, but the power is always vested in the lower court to refer the matter to higher court if it is the question of law.