STANDERD CHARTERED BANK Vs. R VINAY KUMAR BHASIN

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. is directed against the order dated 9/12/1997 passed by t he Court of Ms. Indermeet Kaur Kochhar, Addl. Sessions Judge,, New Delhi 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 Instrumente Act (for short "NI Act")

(2.) Facts in brief are that Ravi Bhandari, respondent No.1 issued a cheque dated 15/01/1996 of Rs,. 10,000/- drawn on UCO Bank, Paharganj. 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 mode 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.) While dismissing the complaint, reliance was placed on the observations made by the Supreme Court in Habibulla Khan v. State of Orrisa & Anr. 1995 (2) CCC 40 SC and observations made by the Supreme Court in United Bank of India v. Narsh Kumar and others, AIR 1997 SC 3 were held to be not applicable in criminal cases. Revision filed by the petitioner also did not succeed.