N.I.Act

Querist : Anonymous (Querist) 24 September 2010 This query is : Resolved
Dear Sir,

one of my client had filed complaint under section 138 of N.I.Act. at the time of filing complaint simple authority letter was annexed that "he is authorised on behalf of the company to file complaint".It is important to note that complainnat compant is pvt. Ltd company. even in the affidavit of evidance board resolution is not filed, but averment has been made in the affidavit of evidance that here is annexed and marked as Exhibit-A isthe original true extract of board resolution, but instead of board resolution authority letter is nexed, now the cross examination has already been stated. Pl. i want to know how i can exhibit the original board resolution on record. and pl. also give me whether there is any supreme court /high court judgement on that issue that complainant can file board resolution at any stage during the course of cross examination.

Thanking You.

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Devajyoti Barman (Expert) 24 September 2010
If the Board Resolution was there but could opt be exhibited for some reason when the official was examined, then it is better to recall him now for the purpose of exhibiting the Resolution with explanation for missing at the first opportunity.

R.Ranganathan (Expert) 25 September 2010
As suggested by Mr. Barman you can file a Petition to recall your witness for marking the Board resolution. But if there has been no objection averments against the said authorization letter/person, either in the counter/reply statement and affidavit of the accused and also since the court has already accepted the authorization letter, then it will not affect your case.

DEFENSE ADVOCATE.-firmaction@g (Expert) 25 September 2010
This is basic defect and can not be cured at later stage.

DEFENSE ADVOCATE.-firmaction@g (Expert) 25 September 2010
Those who have doubts , pl go through the SC citation cr appeal no 950 of 2006.

Ajay Bansal (Expert) 25 September 2010
AS ABOVE.

s.subramanian (Expert) 25 September 2010
The magistrate is legally wrong in taking cognisance of the said complaint without the production of the said board resolution. It is an incurable illegality and not a mere curable irregularity. It manisfests that there is no application of mind by the magistrate at the time of taking cognisance which is absolutely illegal.