pawan (director) 05 October 2013
1) In 11 yrs M.M trial accused is 100 % proved of offence of ni 138 . Accused lawyers says complaint is not maintainable as no board resolution for authorisation is filed.is he correct ....
2) if no ! any remedy to cure this as now order is reserved for clarifications .
3) Complainant director cross by accused lawyer board resolution was shown but not put on record as he never raised this question
4) provide nay latest ruling
T. Kalaiselvan, Advocate (Advocate) 06 October 2013
If the complainant has not filed the authorisation letter of GPA, he cannot represent his company in his individual capacity. Even if he produces the authorisation letter by the company, he has to state that he is in the absolute knowledge of the alleged transaction and establish that there is a legally liable debt for which the cheque was issued. In simple words, the complaint itself should not have been taken into file in the absence of any authorisation letter by the company to this individual to file the said complaint.
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