STANDERD CHARTERED BANK Vs. RAVI BHANDARI

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. is directed against the order dated 9/12/1997 passed by the Court of Ms. Indermeet Kaur Kochhar, AddI, Sessions Judge, New belhi dismissing revision of the petitioner and the order dated 15/03/1997 passed by the Court of Metropolitan Magistrate dismissing the complaint under Section 138 of the Negotiable Instruments Act. (for short "NI Act")

(2.) Facts in brief are that Ravi Bhandari, respondent No.1 issued a cheque dated 29/09/1995 of Rs. 15,300/- drawn on Indian Overseas Bank, Defence Colony, New Delhi in favour of Standard Chartered Bank towards discharge of debts and other liabilities; on presentation of the same, the cheque was dishonoured; the payment was not made despite service of notice; petitioner filed a complaint through one of its employees against the respondent under Section 138 of NI Act. The complaint was dismissed by the trial court on the ground that the same was not filed by the duly authorised persons and that complaint could not be instituted without a resolution by the Board of Directors of the company. It was held:-

(3.) Learned counsel for the petitioner argued that petitioner is a banking company incorporated with a limited liability in England, by the Royal Charter, 1853 having its branch office at Enkay House, Ground Floor 3-4 Malcha Marg Shopping Complex Chankyapuri, New Delhi; that Mathew Thomas, the Principal officer of the complainant bank was authorised to file and institute the criminal complaint; that the dismissal of the complaint by learned court below only on the ground that complainant was not a proper and authorised person, is not sustainable.